The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010

Amendment of the Jobseeker’s Allowance Regulations 1996

2.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) In regulation 4 (interpretation of Parts 2, 4 and 5), in the definition of “employment officer”, after “10” insert “, except in regulations 25, 27 and 27A where it means a person who is an employment officer for the purposes of section 8”.

(3) In regulation 25 (entitlement ceasing on a failure to comply)(2)—

(a) in paragraph (1), for “Subject to regulation 27, entitlement” substitute “Entitlement”;

(b) for paragraph (1)(a), substitute—

“(a) if a claimant fails to attend on the day specified in a relevant notification, and fails to make contact with an employment officer in the manner set out in that notification before the end of the period of five working days beginning with the first working day after the day on which the claimant failed to attend;”;

(c) in paragraph (1)(b)(i)—

(i) for “notification under regulation 23 or 23A” substitute “relevant notification”;

(ii) omit “(other than a notification requiring attendance under an employment programme or a training scheme)”;

(iii) after “ceasing” insert “or the benefit not being payable for a period”;

(d) in paragraph (1)(b)(ii), at the end insert “and”;

(e) after paragraph (1)(b)(ii), add—

“(iii) that claimant fails to make contact with an employment officer in the manner set out in such a notification before the end of the period of five working days beginning with the first working day after the day on which that claimant failed to attend at the time specified;”;

(f) in paragraph (1)(c) before “if” insert “subject to regulation 27,”;

(g) after paragraph (1) insert—

“(1A) In this regulation and in regulations 27A, 28 and 30—

“relevant notification” means a notification under regulation 23 or 23A, other than a notification requiring attendance under an employment programme or a training scheme;

“working day” means any day on which the appropriate office is not closed.”.

(4) For regulation 27 (where entitlement is not to cease)(3) substitute—

“Where entitlement is not to cease under regulation 25(1)(c)

27.   Entitlement to a jobseeker’s allowance is not to cease by virtue of regulation 25(1)(c) if, before the end of the period of five working days beginning with the first working day after the day on which a claimant (“C”) failed to provide a signed declaration in accordance with regulation 24(10), C makes contact with an employment officer in the manner set out in a notification under regulation 23 or 23A and shows that C had good cause for the failure.

Circumstances in which an allowance is not to be payable

27A.— (1) A jobseeker’s allowance is not to be payable for the period prescribed in regulation 27B if either the first or the second condition is satisfied.

(2) The first condition is satisfied if a claimant (“C”)—

(a) fails to attend on the day specified in a relevant notification;

(b) makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days beginning with the first working day after the day on which C failed to attend on the day specified; and

(c) fails to show good cause for that failure to attend.

(3) The second condition is satisfied if—

(a) C attends on the day specified in a relevant notification, but fails to attend at the time specified in that notification;

(b) the Secretary of State has informed C in writing that a failure to attend, on the next occasion on which C is required to attend, at the time specified in a relevant notification, may result in C’s entitlement to a jobseeker’s allowance ceasing or the benefit not being payable for a period;

(c) C fails to attend at the time specified in a relevant notification on the next occasion;

(d) C makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days beginning with the first working day after the day on which C failed to attend at the time specified; and

(e) C fails to show good cause for that failure to attend.

Prescribed period for the purposes of regulation 27A

27B.— (1) The period prescribed for the purposes of regulation 27A is—

(a) one week on the first occasion on which a jobseeker’s allowance is determined not to be payable to the claimant by virtue of regulation 27A;

(b) two weeks on the second and each subsequent occasion during the same jobseeking period on which a jobseeker’s allowance is determined not to be payable to the claimant by virtue of regulation 27A.

(2) The period begins—

(a) where, in accordance with regulation 26A(1) of the Claims and Payments Regulations, a jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last week in respect of which that allowance was paid; and

(b) in any other case, on the first day of the week following the date on which a jobseeker’s allowance is determined not to be payable.”.

(5) In regulation 28(1) (matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23 or 23A)(4)—

(a) for “27” substitute “27A”;

(b) for “notification under regulation 23 or 23A” substitute “relevant notification”.

(6) In regulation 30 (circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23 or 23A)(5)—

(a) for “27” substitute “27A”;

(b) for “notification under regulation 23 or 23A” substitute “relevant notification”.

(7) In regulation 47(4)(b)(ii) (jobseeking period)(6)—

(a) before “section 19”, insert “regulation 27A or”;

(b) before “section 20A”, insert “regulation 27A or”.

(8) In regulation 55(1)(a) (short periods of sickness)(7), after “jobseeker’s allowance” insert “, or is a person whose jobseeker’s allowance is not payable by virtue of regulation 27A,”.

(9) In regulation 55A(1)(a) (periods of sickness and persons receiving treatment outside Great Britain)(8), after “joint-claim jobseeker’s allowance” insert “, or is a person whose jobseeker’s allowance is not payable by virtue of regulation 27A,”.

(10) In regulation 65(5) (active seeking)(9), after the first mention of “person”, insert “whose jobseeker’s allowance is not payable by virtue of regulation 27A, or”.

(11) In regulation 66(1) (the jobseeker’s agreement)(10)—

(a) before “section 19”, insert “regulation 27A,”;

(b) before the first mention of “sections”, insert “section 8 or”.

(12) In regulation 68 (reduced amount of allowance)(11)—

(a) in paragraph (1), after the second mention of “young person” insert “satisfies a condition referred to in regulation 27A or”;

(b) in paragraph (2), after the third mention of “young person” insert “satisfies a condition referred to in regulation 27A or”.

(13) In regulation 74B(1) (reduced allowance where one member of a joint-claim couple is subject to a sanction)(12), before “section 20A” insert “regulation 27A or”.

(14) In regulation 140(1)(f)(i) (meaning of “person in hardship”)(13), before “section 19” insert “regulation 27A or”.

(15) In regulation 141(6) (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship), before “section 19” insert “regulation 27A or”.

(16) In regulation 146A(1)(c)(i) (meaning of “couple in hardship”)(14), before “section 20A” insert “regulation 27A or”.

(17) In regulation 146C(6) (circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship)(15), before “section 20A(5)(a)” insert “regulation 27A or”.

(18) In regulation 152(1)(c) (relevant week)(16), before “section 19” insert “regulation 27A or”.

(1)

S.I. 1996/207.

(2)

Relevant amending instruments are S.I. 1999/530, 2000/1978 and 2000/2194.

(3)

Relevant amending instruments are S.I. 2000/1978 and 2000/2194.

(4)

Relevant amending instruments are S.I. 2000/1978 and 2000/2194.

(5)

Relevant amending instruments are S.I. 2000/1978, 2000/2194, 2002/3072, 2006/1402 and 2008/3051.

(6)

Relevant amending instruments are S.I. 1996/1517, 2001/518, 2001/1711 and 2002/490.

(7)

Relevant amending instruments are S.I. 1996/1517, 1999/2860, 2000/1978 and 2008/1554.

(8)

Relevant amending instruments are S.I. 2004/1869 and 2008/1554.

(9)

A relevant amending instrument is S.I. 2000/3336.

(10)

A relevant amending instrument is S.I. 2000/1978.

(11)

Relevant amending instruments are S.I. 1997/827, 1999/2860 and 2000/1978.

(12)

A relevant amending instrument is S.I. 2000/1978.

(13)

Relevant amending instruments are S.I. 1999/2860 and 2000/1978.

(14)

A relevant amending instrument is S.I. 2000/1978.

(15)

A relevant amending instrument is S.I. 2000/1978.

(16)

A relevant amending instrument is S.I. 2000/1978.