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PART II JOBSEEKING

Chapter V Jobseeker’s Agreement

Contents of Jobseeker’s AgreementE+W+S

31.  The prescribed requirements for a jobseeker’s agreement are that it shall contain the following information—

(a)the claimant’s name;

(b)where the hours for which the claimant is available for employment are restricted in accordance with regulation 7, the total number of hours for which he is available and any pattern of availability;

(c)any restrictions on the claimant’s availability for employment, including restrictions on the location or type of employment, in accordance with regulations 5, 8, 13[F1, 13A] and 17;

(d)a description of the type of employment which the claimant is seeking;

(e)the action which the claimant will take–

(i)to seek employment; and

(ii)to improve his prospects of finding employment;

(f)the dates of the start and of the finish of any permitted period in his case for the purposes of sections 6(5) and 7(5);

(g)a statement of the claimant’s right–

(i)to have a proposed jobseeker’s agreement referred to [F2the Secretary of State];

(ii)to seek a [F3revision or supersession] of any determination of, or direction given by, [F2the Secretary of State]; and

(iii)to appeal to a [F4an appeal tribunal] against any determination of, or direction given by, [F2the Secretary of State] [F5following a revision or supersession ].

(h)the date of the agreement.

Textual Amendments

Back-dating of a Jobseeker’s Agreement F6...

32.  In giving a direction under section 9(7)(c), [F7the Secretary of State] shall take into account all relevant matters including—

(a)where the claimant refused to accept the agreement proposed by the employment officer, whether he was reasonable in so refusing;

(b)where the claimant has signified to the employment officer or to [F7the Secretary of State] that the claimant is prepared to accept an agreement which differs from the agreement proposed by the employment officer, whether the terms of the agreement which he is prepared to accept are reasonable;

(c)where the claimant has signified to the employment officer or to [F7the Secretary of State] that the claimant is prepared to accept the agreement proposed by the employment officer, that fact;

(d)the date on which, in all the circumstances, he considers that the claimant was first prepared to enter into an agreement which [F7the Secretary of State] considers reasonable; and

(e)where the date on which the claimant first had an opportunity to sign a jobseeker’s agreement was later than the date on which he made a claim, that fact.

Textual Amendments

Notification of Determinations and Directions under Section 9

33.  The claimant shall be notified of—

(a)any determination of [F8the Secretary of State] under section 9;

(b)any direction given by [F8the Secretary of State] under section 9.

Textual Amendments

Jobseeker’s Agreement treated as having been made

34.  A claimant is to be treated as having satisfied the condition mentioned in section 1(2)(b)—

(a)where he is permitted to make a claim for a jobseeker’s allowance without attending at an office of the [F9Department for Work and Pensions], for the period beginning with the date of claim and ending on the date on which he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(b)where, after the date of claim, the claim is terminated before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(c)as long as he is treated as available for employment in accordance with regulation 14 where the circumstances set out in that regulation arise after the date of claim and before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(d)as long as there are circumstances not peculiar to the claimant which make impracticable or unduly difficult the normal operation of the provisions governing, or the practice relating to, the claiming, awarding or payment of jobseeker’s allowance.

[F10(e)where the claimant was in receipt of a training allowance and was, in accordance with regulation 170, entitled to an income-based jobseeker’s allowance without being available for employment, having entered into a jobseeker’s agreement or actively seeking employment, for the period beginning with the date on which regulation 170 ceased to apply to him and ending on the date on which he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement.]

[F11(f)if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6B)(a) or (c), for the period of any such temporary absence.]

[F12(g)in any period during which he is treated as available for employment under regulation 14A if the claimant has not entered into a jobseeker’s agreement before that period begins.]

Textual Amendments

F10Reg. 34(e) inserted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), regs. 1(1), 3

Automatic Back-dating of Jobseeker’s Agreement

35.  Where a jobseeker’s agreement is signed on a date later than the date of claim and there is no reference of that agreement to [F13the Secretary of State] under section 9(6), the agreement shall be treated as having effect on the date of claim.

Textual Amendments

Jobseeker’s Agreement to remain in effect

36.  A jobseeker’s agreement entered into by a claimant shall not cease to have effect on the coming to an end of an award of a jobseeker’s allowance made to him—

(a)where a further claim for a jobseeker’s allowance is made within a period not exceeding 14 days; or

[F14(b)in respect of any part of a period of suspension, where—

(i)the Secretary of State has directed under regulation 37(1A) of the Claims and Payments Regulations that payment under an 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,

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

(iii)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; or]

(c)for as long as the claimant satisfies the conditions of entitlement to national insurance credits, other than any condition relating to the existence of a jobseeker’s agreement, in accordance with the Social Security (Credits) Regulations 1975F15.

Textual Amendments

F15S.I. 1975/556; relevant amending instruments are S.I. 1976/1736; 1977/788; 1978/409; 1981/1501; 1982/96; 1983/197; 1987/414; 1987/687; 1988/516; 1988/1545; 1989/1627; 1992/726; 1994/1837 and 1995/829.

Variation of Jobseeker’s Agreement

37.  The prescribed manner for varying a jobseeker’s agreement shall be in writing and signed by both parties in accordance with section 10(2) on the proposal of the claimant or the employment officer.

Direction to vary Agreement: time for compliance

38.  The prescribed period for the purposes of section 10(6)(c) shall be the period of 21 days beginning with the date on which the direction was issued.

Variation of Agreement: matters to be taken into account

39.  In giving a direction under section 10(6)(b) or (d) [F16the Secretary of State] shall take into account the preference of the claimant if he considers that both the claimant’s proposals and those of the employment officer satisfy the requirements of section 10(5).

Textual Amendments

Notification of Determinations and Directions under Section 10

40.  The claimant shall be notified of—

(a)any determination of [F17the Secretary of State] under section 10;

(b)any direction of [F17the Secretary of State] under section 10.

Textual Amendments

Procedure for Reviews

F1841.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals to Social Security Appeal Tribunal

F1842.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Direction of Social Security Appeal Tribunal: time limit for compliance

F1843.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals to the Commissioner

F1844.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appropriate person

F1845.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F19The contribution-based conditions and relevant earnings

45A.—(1) A claimant’s relevant earnings for the purposes of section 2(2)(b) of the Act are the total amount of the claimant’s earnings at the lower earnings limit for the base year.

(2) For the purposes of paragraph (1), earnings which exceed the lower earnings limit are to be disregarded.]

Textual Amendments

[F20Relaxation of the first set of conditions

45B.—(1) A claimant who F21... satisfies the condition in paragraph (2) is to be taken to satisfy the first set of conditions if the claimant has—

(a)paid Class 1 contributions before the relevant benefit week in respect of any one tax year; and

(b)earnings at the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26.

(2) The condition referred to in paragraph (1) is that the claimant, in respect of any week during the last complete tax year preceding the relevant benefit year, is entitled to be credited with earnings in accordance with regulation 9E of the Social Security (Credits) Regulations 1975 (credits for certain spouses and civil partners of members of Her Majesty’s forces).]

Textual Amendments