Jobseekers Act 1995

Claims yet to be determined and suspended payments E+W+S

10 [F1 [F2 (1) In such circumstances as may be prescribed— E+W+S

(a) a claimant for a jobseeker’s allowance other than a joint-claim jobseeker’s allowance,

(b) a joint-claim couple claiming a joint-claim jobseeker’s allowance, or

(c) a member of such a couple,

may be treated as being entitled to an income-based jobseeker’s allowance before his or (as the case may be) the couple’s claim for the allowance has been determined.]

(2) In such circumstances as may be prescribed, an income-based jobseeker’s allowance shall be [F3 payable in respect of] a claimant even though payment to him of a jobseeker’s allowance has been suspended by virtue of regulations under [F4 section 21(2) of the Social Security Act 1998].

(3) A jobseeker’s allowance shall be payable by virtue of sub-paragraph (1) or (2) only if the claimant has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

(4) Regulations may make provision for a jobseeker’s allowance payable by virtue of sub-paragraph (1) or (2) to be—

(a) payable at a prescribed rate;

(b) payable for a prescribed period;

(c) treated as being a contribution-based jobseeker’s allowance for the purposes of section 5 of this Act.

(5) Regulations may make provision—

[F5 (a) as to whether the whole or part of any amount paid by virtue of sub-paragraph (1) or (2) is recoverable;]

(b) for the whole or part of any amount paid by virtue of sub-paragraph (1) to be treated, if an award is made on the claim referred to there, as having been paid on account of the jobseeker’s allowance awarded;

(c) for the whole or part of any amount paid by virtue of sub-paragraph (2) to be treated, if the suspension referred to there is lifted, as having been paid on account of the suspended allowance.

[F6 (6) References in sub-paragraphs (1) and (2) to an income-based jobseeker's allowance include a payment by way of such an allowance under section 19C.]]

Textual Amendments

F1 Sch. 1 para. 10 repealed (29.4.2013 for specified purposes, 1.7.2013 and 29.7.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/983, arts. 4(1)(c), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2013/1511, art. 4, Sch. (as amended: (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537)

F2 Sch. 1 para. 10(1) substituted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 16(5); S.I. 2000/2958, art. 2(2)

F3 Words in Sch. 1 para. 10(2) substituted (11.11.1999) by 1999 c. 30, ss. 59, 89(4)(b), Sch. 8 Pt. V para. 29(7)

F4 Words in Sch. 1 para. 10(2) substituted (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 83, 87(2), Sch. 7 para. 146; S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18) (as amended (25.11.1999) by S.I. 1999/3178, art. 3(20), Sch. 20 paras. 1(a), 2(a))

F5 Sch. 1 para. 10(5)(a) substituted (29.4.2013) by Welfare Reform Act 2012 (c. 5), ss. 105(5)(b), 150(3); S.I. 2013/358, art. 5(2)(3)(b)

F6 Sch. 1 para. 10(6) inserted (22.10.2012) by Welfare Reform Act 2012 (c. 5), ss. 48, 150(3), Sch. 7 para. 10(3); S.I. 2012/2530, art. 2(2)(f)