The Jobseeker’s Allowance Regulations 1996

PART IV YOUNG PERSONS

Interpretation of Part IV

57.—(1) In this Part–

“the Careers Service" means a person of any description with whom the Secretary of State has made an arrangement under section 10(1) of the Employment and Training Act 1973 F1 and any person to whom he has given a direction under section 10(2) of that Act;

“child benefit extension period" means

(a) in the case of a person who ceases to be treated as a child by virtue of section 142(1)(a) of the Benefits Act (meaning of child) or regulation 7 of the Child Benefit (General) Regulations 1976 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child) F2

(i) on or after the first Monday in September, but before the first Monday in January of the following year, the period ending with the last day of the week which falls immediately before the week which includes the first Monday in January in that year;

(ii) on or after the first Monday in January but before the Monday following Easter Monday in that year, the period ending with the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;

(iii) at any other time of the year, the period ending with the last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year;

(b) in the case of a person who was not treated as a child by virtue of section 142(1)(a) of the Benefits Act immediately before he was 16 and who has not been treated as a child by virtue of Regulation 7 of the Child Benefit (General) Regulations 1976 (interruption of full-time education), the period ending with the date determined in accordance with sub-paragraph (i), (ii) or (iii) of paragraph (a) as if he had ceased full-time education on the first date on which education ceased to be compulsory for a person of his age in England and Wales or, if he is resident in Scotland, in Scotland;

and in this sub-paragraph “week" means a period of 7 days beginning with a Monday and “year" means a period of 12 months beginning on 1st January;

“chronically sick or mentally or physically disabled" has the same meaning as in regulation 13(3)(b) of the Income Support Regulations (circumstances in which persons in relevant education may be entitled to income support);

[F3 “the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 2000 and section 10(1) of the Employment and Training Act 1973 and any person to whom he has given a direction under section 114(2)(b) of the Learning and Skills Act 2000 and section 10(2) of the Employment and Training Act 1973;]

“full-time education" has the same meaning as in regulation 1 of the Child Benefit (General) Regulations 1976 F4 ;

“suitable training" means training which is suitable for that young person in vocationally relevant respects, namely his personal capacity, aptitude, his preference, the preference of the training provider, the level of approved qualification aimed at, duration of the training, proximity and prompt availability of the training;

“training" in sections 3, 16 and 17 and in this Part except in regulation 65 read with section 7 and except in the phrase—

“suitable training", means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible [F5 secured by the Learning and Skills Council for England or by the National Council for Education and Training for Wales and, in Scotland, provided], directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name);

“treatment" means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;

[F6 “young person” means a person—

(a)

who has reached the age of 16 but not the age of 18;

(b)

who does not satisfy the conditions in section 2 or whose entitlement to a contribution-based jobseeker’s allowance has ceased as a result of section 5(1); and

(c)

who is not a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies]

(2) A young person falls within this paragraph if he is

(a) a member of a married couple where the other member of that couple

(i) has reached the age of 18 or

(ii) is a young person who has registered for employment and training in accordance with regulation 62 or

(iii) is a young person to whom paragraph (4) applies;

(b) a person who has no parent nor any person acting in the place of his parents;

(c) a person who–

(i) is not living with his parents nor any person acting in the place of his parents; and

(ii) immediately before he attained the age of 16 was

(aa) [F7 in England and Wales] being looked after by a local authority pursuant to a relevant enactment which placed him with some person other than a close relative of hisF8 ...

(bb) in custody in any institution to which the Prison Act 1952 F9 applies or under [F10 the Prisons (Scotland) Act 1989]F11 ; [F12 or]

[F13 (cc) in Scotland, in the care of a local authority under a relevant enactment and whilst in that care was not living with his parents or any close relative.]

(d) a person who is in accommodation which is other than his parental home and which is other than the home of a person acting in the place of his parents, who entered that accommodation—

(i) as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or a local authority; or

(ii) in order to avoid physical or sexual abuse; or

(iii) because of a mental or physical handicap or illness and he needs such accommodation because of his handicap or illness;

(e) a person who is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is—

(i) chronically sick or mentally or physically disabled; or

(ii) detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

(iii) prohibited from entering or re-entering Great Britain;

(f) a person who of necessity has to live away from his parents and any person acting in the place of his parents because—

(i) he is estranged from his parents and that person; or

(ii) he is in physical or moral danger; or

(iii) there is a serious risk to his physical or mental health.

(3) In this regulation any reference to a person acting in the place of a person’s parents includes a reference—

[F14 (a) in England and Wales, any reference in this regulation to a person acting in place (b) of a person’s parents includes a reference to—

(i) where the person is being looked after by a local authority or voluntary organisation which places him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement; or

(ii) in any other case, any person with parental responsibility for the child, and for this purpose “parental responsibility” has the meaning it has in the Children Act 1989 by virtue of section 3 of that Act; and

(b) in Scotland, any reference in this regulation to a person acting in place of a person’s parents includes a reference to a local authority or voluntary organisation where the person is in its care under a relevant enactment, or to a person with whom the person is boarded out by a local authority or voluntary organisation whether or not any payment is made by it.]

(4) This paragraph applies to

(a) a person who falls under any of the following paragraphs of Schedule 1B to the Income Support Regulations F15

Paragraph 1	(lone parents)
Paragraph 2	(single person looking after foster children)
Paragraph 3	(persons temporarily looking after another person)
Paragraph 4	(persons caring for another person)
Paragraph 10	(disabled students)
Paragraph 11
Paragraph 12
Paragraph 13	(blind persons)
Paragraph 14	(pregnancy)
Paragraph 15	(persons in education)
Paragraph 18	(refugees)
Paragraph 21	(persons from abroad)
Paragraph 23	(member of couple looking after children while other member temporarily abroad)
Paragraph 28	(persons in receipt of a training allowance);

(b) a person who is a member of a couple and is treated as responsible for a child who is a member of his household;

(c) a person who is laid off or kept on short-time, who is available for employment in accordance with section 6 and Chapter II of Part II read with regulation 64 and who has not been laid off or kept on short-time for more than 13 weeks;

(d) a person who is temporarily absent from Great Britain because he is taking a member of his family who is a child or young person abroad for treatment, and who is treated as being in Great Britain in accordance with regulation 50(1)(b) or whose entitlement to income support is to continue in accordance with regulation 4(3) of the Income Support Regulations and who is not claiming a jobseeker’s allowance or income support;

(e) a person who is incapable of work and training by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is unlikely to end within 12 months because of the severity of that disease or disablement.

Textual Amendments

F1 1973 c.50; section 10 was inserted by section 45 of the Trade Union Reform and Employment Rights Act 1993, 1993 c.19.

F2 S.I. 1976/965 as amended by S.I. 1977/534.

F3 Words in reg. 57(1) inserted (1.4.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(b), 5(a)

F4 S.I. 1976/965.

F5 Words in reg. 57(1) substituted (26.3.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(a), 5(c)

F6 Words in reg. 57(1) substituted (1.10.2001) by The Children (Leaving Care) Act 2000 (Commencement No. 2 and Consequential Provisions) Order 2001 (S.I. 2001/3070), art. 3(1), Sch. 4 (a)

F7 Words in reg. 57(2)(c)(ii)(aa) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 11(2)(a)

F8 Word in reg. 57(2)(c)(ii)(aa) deleted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 11(2)(a)

F9 1952 c.52.

F10 Words in reg. 57(2)(c)(ii)(bb) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 11(2)(b)

F11 1989 c. 45

F12 Word in reg. 57(2)(c)(ii)(bb) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 11(2)(b)

F13 Reg. 57(2)(c)(ii)(cc) inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 11(2)(c)

F14 Reg. 57(3) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 11(3)

F15 S.I. 1987/1967; Schedule 1B is inserted by Regulation 3 of and Schedule 1 to the Income Support (General) (Jobseeker's Allowance Consequential Amendments) Regulations 1996, S.I. 1996/206.

[F16 Young persons to whom section 3(1)(f)(iii) or 3A(1)(e)(ii) applies

58.   For the period specified in relation to him, a young person to whom regulation 59, 60 or 61 applies shall be regarded as a person within prescribed circumstances for the purposes of section 3(1)(f)(iii) or section 3A(1)(e)(ii) (conditions of entitlement for certain persons under the age of 18).]

Textual Amendments

F16 Reg. 58 substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 18

Young persons in the child benefit extension period

59.—(1) For the period specified in paragraph (2), this regulation applies to a young person who falls within paragraph (2) of regulation 57.

(2) The period in the case of any person falling within paragraph (1) is the child benefit extension period, except where regulation 61(1)(d) or (e) applies.

Young persons at the end of the child benefit extension period

60.—(1) For the period specified in relation to him in paragraph (2), this regulation applies to a young person who is—

(a) a person who has ceased to live in accommodation provided for him by a local authority under Part III of the Children Act 1989 F17 (local authority support for children and families) and is of necessity living away from his parents and any person acting in place of his parents;

(b) a person who has been discharged from any institution to which the Prison Act 1952 F18 applies or from custody under the Criminal Procedure (Scotland) Act 1975 F19 after the child benefit extension period and who is a person falling within paragraph (2) of regulation 57.

(2) (a) Except where regulation 61(1)(d) or (e) applies, the period in the case of a person falling within paragraph 1(a) is the period which begins on the day on which that paragraph first applies to that person and ends on the day before the day on which that person attains the age of 18 or the day at the end of a period of 8 weeks immediately following the day on which paragraph 1(a) first had effect in relation to him, whichever is the earlier; and this period may include any week in which regulation 7 of the Child Benefit (General) Regulations 1976 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child) also applies to that person;

(b) except where regulation 61(1)(d) or (e) applies, the period in the case of any person falling within paragraph 1(b) is the period beginning on the day after he was discharged, and ends on the last day of the period of 8 weeks beginning with the date on which the period began or on the day before the date on which that person attains the age of 18, whichever first occurs.

(3) In this regulation, “week" means any period of 7 consecutive days.

Textual Amendments

F17 1989 c.41.

F18 1952 c.52.

F19 1975 c.21.

Other young persons in prescribed circumstances

61.—(1) For the period specified in relation to him in paragraph (2), this regulation applies to a young person—

(a) who is a person who is laid off or kept on short-time and is available for employment in accordance with section 6 and Chapter II of Part II read with regulation 64;

(b) who is a member of a couple and is treated as responsible for a child who is a member of his household;

(c) who falls within a prescribed category of persons for the purposes of section 124(1)(e) of the Benefits Act F20 and who is not claiming income support;

(d) to whom section 3(1)(f)(ii) [F21 or section 3A(1)(e)(i)] does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60 or sub-paragraph (b) or (c) and who is unable to register with the Careers Service [F22 or the Connexions Service] because of an emergency affecting the Careers Service [F22 or the Connexions Service] and registers with the Employment Service in accordance with regulation 62(2);

(e) to whom section 3(1)(f)(ii) [F21 or section 3A(1)(e)(i)] does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60 or sub-paragraph (b) or (c) and who would suffer hardship because of the extra time it would take him to register with the Careers Service [F22 or the Connexions Service] and registers with the Employment Service in accordance with regulation 62(3);

(f) who has accepted a firm offer of enlistment by one of the armed forces with a starting date not more than 8 weeks after the offer was made who was not in employment or training at the time of that offer and whose jobseeker’s allowance has never been reduced in accordance with regulation 63 or section 19(5)(b) or (c) or section 19(6)(c) or (d) [F23 or section 20A(2)(b), (c), (f) or (g)] read with regulation 68 or rendered not payable in accordance with section 19(6)(a) or (b) read with Part V.

(2) (a) The period in the case of any person falling within paragraph (1)(a) is the period starting with the date on which he was laid off or first kept on short-time and ending on the date on which he ceases to be laid off or kept on short-time or the day before the day he attains the age of 18 or at the expiry of the 13 week period starting with the date of the lay off, or date he was first kept on short-time, whichever first occurs;

(b) except where paragraph (1)(d) or (e) applies, the period in the case of any person falling within paragraph (1)(b) or (c) is the period until the day before that person attains the age of 18 or until paragraph (1)(b) or (c) ceases to apply, whichever first occurs;

(c) the period in the case of any person falling within paragraph (1)(d) is the period starting with the date of registration with the Employment Service and ending on the day on which the person is next due to attend in accordance with regulation 23 [F24 or regulation 23A] or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;

(d) the period in the case of any person falling within paragraph 1(e) is the period starting on the date of registration with the Employment Service and ending five days after that date or on the day after the day on which he registered with the Careers Service, or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;

(e) the period in the case of any person falling within paragraph 1(f) is the period starting with the date of claim and ending with the day before the day on which he is due to enlist or the day before he attains the age of 18, whichever first occurs.

(3) In this regulation “week" means a period of 7 consecutive days.

Textual Amendments

F20 See regulation 4ZA of the Income Support (General) Regulations, inserted by Regulation 3 of the Income Support (General) (Jobseeker's Allowance Consequential Amendments) Regulations 1996, S.I. 1996/206.

F21 Words in reg. 61(1)(d)(e) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 19(a)

F22 Words in reg. 61(1)(d)(e) inserted (1.4.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(b), 5(b)

F23 Words in reg. 61(1)(f) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 19(b)

F24 Words in reg. 61(2)(c) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 19(c)

Registration

62.—(1) Except in the circumstances set out in paragraphs (2) and (3) a young person to whom section 3(1)(f)(ii) or (iii) [F25 or section 3A(1)(e)(i) or (ii)] applies other than one falling within regulation 61(1)(a) or (f), must register with the Careers Service [F26 or the Connexions Service] for both employment and training.

(2) A young person who is unable to register with the Careers Service [F26 or the Connexions Service] because of an emergency affecting the Careers Service [F26 or the Connexions Service] such as a strike or fire must register with the Employment Service for both employment and training.

(3) A young person who would suffer hardship because of the extra time it would take him to register with the Careers Service [F26 or the Connexions Service] must register with the Employment Service for both employment and training.

Textual Amendments

F25 Words in reg. 62 inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 20

F26 Words in reg. 62 inserted (1.4.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(b), 5(b)

Reduced payments under section 17

63.—(1) Except as provided in paragraph (3), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reduced by [F27 , if he is a single person or a lone parent,] a sum equal to 40% of the amount applicable in his case by way of a personal allowance determined [F28 in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple, a sum equal to 40% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1] for the period set out in paragraph (2) if

(a) he was previously entitled to an income-based jobseeker’s allowance and that entitlement ceased by virtue of the revocation of a direction under section 16 because he had failed to pursue an opportunity of obtaining training or rejected an offer of training;

(b) his allowance has at any time in the past been reduced in accordance with this regulation or in accordance with regulation 68 because he has done an act or omission falling within section 19(5)(b) or (c) [F29 or section 20A(2)(b) or (c)] or rendered not payable in accordance with section 19(6)(a) or (b) [F30 or section 20A(2)(d) or (e)] read with Part V and he has—

(i) failed to pursue an opportunity of obtaining training without showing good cause for doing so,

(ii) rejected an offer of training without showing good cause for doing so or

(iii) failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure;

(c) he has–

(i) done an act or omission falling within section 16(3)(b)(i) or (ii) and has not shown good cause for doing so or done an act or omission falling within section 19(5)(b)(i), (ii) or (iv) [F31 or section 20A(2)(b)(i), (ii) or (iv)] without good cause or done an act or omission falling within section 19(5)(b)(i), (ii), or (iv) [F31 or section 20A(2)(b)(i), (ii) or (iv)] for which he was regarded as having good cause in accordance with regulation 67(1) and

(ii) after that act or omission failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure

and at the time he did the act or omission falling within sub-paragraph (i) he was a new jobseeker;

(d) he has–

(i) failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure or done an act or omission falling within section 19(5)(b)(iii) [F32 or section 20A(2)(b)(iii)] without good cause or done an act or omission falling within section 19(5)(b)(iii) [F32 or section 20A(2)(b)(iii)] for which he was regarded as having good cause in accordance with regulation 67(1) and

(ii) after that failure he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and on the day before the day he first attended the course referred to in sub-paragraph (i) he was a new jobseeker; or

(e) he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and on the day before he first attended the course he was not a new jobseeker; or

(f) he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and he lost his place on the course through his misconduct.

(2) The period shall start with the date on which the first severe hardship direction is made under section 16 after the act or acts referred to in paragraph (a), (b), (c), (d), (e) or (f) of paragraph (1) have taken place and shall end fourteen days later.

(3) In the case of a young person who is pregnant or seriously ill who does an act falling within sub-paragraphs (a)—(f) of paragraph (1), the reduction shall be [F33 if he is a single person or a lone parent] of 20% of the amount applicable in his case by way of a personal allowance [F34 determined in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple, of 20% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1].

(4) For the purposes of this regulation, “new jobseeker" means a young person who has not since first leaving full-time education been employed or self-employed for 16 or more hours per week or completed a course of training or failed to complete a course of training and no certificate has been issued to him to show good cause for that failure under subsection (4) of section 17 or done an act or omission falling within section 19(5)(b)(iii) [F35 or section 20A(2)(b)(iii)] without good cause or done an act or omission falling within section 19(5)(c) [F35 or section 20A(2)(c)].

(5) A reduction under paragraph (1) or (3) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

Textual Amendments

F27 Words in reg. 63(1) inserted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 2(2)

F28 Words in reg. 63(1) substituted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 2(2)

F29 Words in reg. 63(1)(b) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 21(a)(i)(aa)

F30 Words in reg. 63(1)(b) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 21(a)(i)(bb)

F31 Words in reg. 63(1)(c) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 21(a)(ii)

F32 Words in reg. 63(1)(d) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 21(a)(iii)

F33 Words in reg. 63(3) inserted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 2(3)

F34 Words in reg. 63(3) substituted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 2(3)

F35 Words in reg. 63(4) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 21(b)

Availability for employment

64.—(1) A young person is required to be available for employment in accordance with section 6 and Chapter II of Part II except as provided in paragraphs (2) and (3).

(2) A young person whose jobseeker’s allowance has not been reduced in accordance with regulation 63 or in accordance with regulation 68 because he has done an act or omission falling within section 19(5)(b) or (c) or section 19(6)(c) or (d) [F36 or section 20A(2)(b), (c), (f) or (g)] or rendered not payable in accordance with section 19(6)(a) or (b) [F36 or section 20A(2)(d) or (e)] read with Part V and who does not fall within regulation 61(1)(a) or (f) may restrict his availability for employment to employment where suitable training is provided by the employer.

(3) A young person who places restrictions on the nature of employment for which he is available as permitted by paragraph (2) does not have to show that he has reasonable prospects of securing employment notwithstanding those restrictions.

Textual Amendments

F36 Words in reg. 64(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims: Consequential Amendments) Regulations 2000 (S.I. 2000/3336), regs. 1, 2(8)

Active seeking

65.—(1) Subject to the following paragraphs, Section 7 and Chapter III of Part II shall have effect in relation to a young person as if “employment" included “training".

(2) Subject to paragraphs (4) and (5), in order to have the best prospects of securing employment or training a young person can be expected to have to take more than one step on one occasion in any week unless taking one step on one occasion is all that it is reasonable for that person to do in that week, and unless it is reasonable for him to take only one step on one occasion, he can be expected to have to take at least one step to seek training and one step to seek employment in that week.

(3) Subject to paragraph (4), steps which it is reasonable for a young person to be expected to have to take include, in addition to those set out in regulation 18(2)—

(a) seeking training and

(b) seeking full-time education.

(4) Paragraphs (1), (2) and (3) do not apply to a young person falling within regulation 61(1)(a) or (f).

(5) Paragraphs (1) and (2) do not apply to a young person who has had his jobseeker’s allowance reduced in accordance with regulation 63 or regulation 68 because he has done an act or omission falling within section 19(5)(b) or (c) or Section 19(6)(c) or (d) [F37 or section 20A(2)(b), (c), (f) or (g)] or rendered not payable in accordance with section 19(6)(a) or (b) [F37 or section 20A(2)(d) or (e)] read with Part V but paragraph (3) does apply to such a young person.

(6) “Training" in section 7 and in this regulation means suitable training.

Textual Amendments

F37 Words in reg. 65(5) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims: Consequential Amendments) Regulations 2000 (S.I. 2000/3336), regs. 1, 2(9)

[F38 Attendance, information and evidence

65A.   A young person who does not fall within regulation 61(1)(a) or (f) shall, if the Secretary of State requires him to do so, provide, in addition to the declaration specified in regulation 24(6), a declaration to the effect that since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this regulation he has been actively seeking suitable training to the extent necessary to give him his best prospects of securing suitable training save as he has otherwise notified the Secretary of State.]

Textual Amendments

F38 Reg. 65A inserted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 12

The jobseeker’s agreement

66.—(1) In a jobseeker’s agreement with a young person, other than one falling within regulation 61(1)(a) or (f), the following information is required in addition to that prescribed in chapter V of Part II: a broad description of the circumstances in which the amount of the person’s benefit may be reduced in accordance with section 17 and regulation 63, or may be rendered not payable in accordance with section 19 [F39 or section 20A] read with Part V or may be payable at a reduced rate in accordance with sections 19 and 20 [F39 or sections 20A and 20B] and regulation 68.

(2) A young person is to be treated as having entered into a jobseeker’s agreement and as having satisfied the condition mentioned in section 1(2)(b) as long as the circumstances set out in [F40 regulation 62(2) or 62(3)] apply.

Textual Amendments

F39 Words in reg. 66(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 22

F40 Words in reg. 66(2) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 1

Sanctions

67.—(1) Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) [F41 or section 20A(2)(b)], and in addition to the circumstances listed in regulation 73, a young person is to be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) [F41 or section 20A(2)(b)] where

(a) this is the first occasion on which he has done an act or omission falling within section 19(5)(b) [F41 or section 20A(2)(b)] and he has not while claiming a jobseeker's allowance failed to pursue an opportunity of obtaining training without good cause or rejected an offer of training without good cause or failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that training; and

(b) at the time he did the act or omission falling within section 19(5)(b)(i), (ii) or (iv) [F42 or section 20A(2)(b)(i), (ii) or (iv)] he was F43 ... a new jobseeker or, in the case of an act or omission falling within section 19(5)(b)(iii) [F42 or section 20A(2)(b)(iii)], at the time he first attended the scheme or programme he was F43 ... a new jobseeker.

(2) Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) or (d) [F44 or section 20A(2)(f) or (g)], a young person is to be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) or (d) [F44 or section 20A(2)(f) or (g)] where the employer did not offer suitable training unless he falls within regulation 61(1)(a) or (f) or his jobseeker’s allowance has been reduced in accordance with regulation 63 or in accordance with regulation 68 because he has done an act or omission falling within section 19(5)(b) or (c) [F45 or section 20A(2)(b) or (c)] or section 19(6)(c) or (d) [F44 or section 20A(2)(f) or (g)] or rendered not payable in accordance with section 19(6)(a) or (b) [F46 or section 20A(2)(d) or (e)] read with Part V.

(3) For the purposes of this regulation, “new jobseeker" means a young person who has not since first leaving full-time education been employed or self-employed for 16 or more hours per week or completed a course of training or failed to complete a course of training and no certificate has been issued to him to show good cause for that failure under subsection (4) of section 17 or done an act or omission falling within section 19(5)(b)(iii) [F47 or section 20A(2)(b)(iii)] without good cause or done an act or omission falling within section 19(5)(c) [F48 or section 20A(2)(c)].

Textual Amendments

F41 Words in reg. 67(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 23(a)(i)

F42 Words in reg. 67(1)(b) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 23(a)(ii)

F43 Words in reg. 67(1)(b) deleted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 13

F44 Words in reg. 67(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 23(b)(i)

F45 Words in reg. 67(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 23(b)(ii)

F46 Words in reg. 67(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 23(b)(iii)

F47 Words in reg. 67(3) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 23(c)(i)

F48 Words in reg. 67(3) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 23(c)(ii)

Reduced amount of allowance

68.—(1) Subject to paragraphs (2) and (4), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reduced [F49 , if he is a single person or a lone parent,] by a sum equal to 40% of the amount applicable in his case by way of a personal allowance determined [F50 in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple [F51 (including a joint-claim couple)], a sum equal to 40% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1] for a period of two weeks from the beginning of the first week after [F52 the Secretary of State] decision where the young person has done any act or omission falling within section 19(5) or within 19(6)(c) or (d) [F51 or within section 20A(2)(a) to (c), (f) or (g)], unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.

(2) Subject to paragraph (4), in a case where the young person or any member of his family is pregnant or seriously ill the amount of an income-based jobseeker’s allowance which would otherwise be payable to the young person shall be reduced by[F53 , if he is a single person or a lone parent,] a sum equal to 20% of the amount applicable in his case by way of a personal allowance determined [F54 in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple [F51 (including a joint-claim couple)], a sum equal to 20% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1] for a period of two weeks from the beginning of the first week after [F55 the Secretary of State] decision where the young person has done any act or omission falling within section 19(5) or within 19(6)(c) or (d) [F51 or within section 20A(2)(a) to (c), (f) or (g)], unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.

(3) A reduction under paragraph (1) or (2) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

(4) If a young person’s claim for an income-based jobseeker’s allowance is terminated before the expiry of the period determined in accordance with paragraphs (1) and (2), and he makes a fresh claim for the allowance, it shall be payable to him at the reduced rate determined in accordance with paragraph (1) or (2) for the balance of the time remaining of that two weeks, unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.

(5) An income-based jobseeker’s allowance shall be payable to a young person at the full rate applicable in his case after the expiry of the two week period referred to in paragraphs (1) and (2).

Textual Amendments

F49 Words in reg. 68(1) inserted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 3(2)

F50 Words in reg. 68(1) substituted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 3(2)

F51 Words in reg. 68(1)(2) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 24

F52 Words in reg. 68(1) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2

F53 Words in reg. 68(2) inserted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 3(3)

F54 Words in reg. 68(2) substituted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 3(3)

F55 Words in reg. 68(2) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2