Jobseekers Act 1995

F1 10 Variation of jobseeker’s agreement. E+W+S

[F2 (1) A jobseeker’s agreement may be varied, in the prescribed manner, by agreement between the claimant and any employment officer.

(2) Any agreement to vary a jobseeker’s agreement shall be in writing and be signed by both parties.

[F3 (2A) Any agreement to vary a jobseeker's agreement may be in electronic form and signed by means of an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000).]

(3) A copy of the agreement, as varied, shall be given to the claimant.

(4) An employment officer shall not agree to a variation of a jobseeker’s agreement, unless, in the officer’s opinion, the conditions mentioned in section 1(2)(a) and (c) would continue to be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the agreement as proposed to be varied.

(5) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed variation of a jobseeker’s agreement to [F4 the Secretary of State] for him to determine—

(a) whether, if the claimant concerned were to comply with the agreement as proposed to be varied, he would satisfy—

(i) the condition mentioned in section 1(2)(a), or

(ii) the condition mentioned in section 1(2)(c); and

(b) whether it is reasonable to expect the claimant to have to comply with the agreement as proposed to be varied.

(6) [F5 On a reference under subsection (5) the Secretary of State]—

(a) shall, so far as practicable, dispose of it in accordance with this section before the end of the period of 14 days from the date of the reference;

(b) shall give such directions as he considers appropriate as to—

(i) whether the jobseeker’s agreement should be varied, and

(ii) if so, the terms on which the claimant and the employment officer are to enter into an agreement to vary it;

(c) may bring the jobseeker’s agreement to an end where the claimant fails, within a prescribed period, to comply with a direction given under paragraph (b)(ii);

(d) may direct that, if—

(i) the jobseeker’s agreement is varied, and

(ii) such conditions as he considers appropriate are satisfied,

the agreement as varied is to be treated as having effect on such date, before it would otherwise have effect, as may be specified in the direction.

(7) Regulations may provide—

(a) for such matters as may be prescribed to be taken into account by [F6 the Secretary of State]in giving a direction under subsection (6)(b) or (d); and

(b) for such persons as may be prescribed to be notified of—

(i) any determination of [F6 the Secretary of State] under this section;

(ii) any direction given by [F6 the Secretary of State] under this section.

[F7 (8) Any determination of an adjudication officer under this section shall be binding.]]

Textual Amendments

F1 Ss. 6-6L substituted for ss. 6-10 (25.2.2013 for specified purposes, 29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 49(3), 150(3); S.I. 2013/358, art. 2(1), Sch. 1 para. 11; S.I. 2013/983, art. 7(1)(b) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

F2 Ss. 6-6L substituted for ss. 6-10 (25.2.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), ss. 49(3), 150(3); S.I. 2013/358, art. 2(1), Sch. 1 para. 11

F3 S. 10(2A) inserted (1.2.2012) by The Social Security (Electronic Communications) Order 2011 (S.I. 2011/1498), art. 2(3)

F4 Words in s. 10(5) substituted (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 137(1); 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 Words in s. 10(6) substituted (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 137(2); 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))

F6 Words in s. 10(a)(b) substituted (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 137(3); 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))

F7 S. 10(8) repealed (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86, 87(2), Sch. 7 para. 137(4), Sch. 8; 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))

Commencement Information

I1 S. 10 wholly in force at 7.10.1996; s. 10 not in force at Royal Assent, see s. 41(2); s. 10(1)(6)(c)(7) in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; s. 10 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)