The Jobseeker’s Allowance (Extended Period of Sickness) Amendment Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulations 2 and 3 of these Regulations amend respectively the Jobseeker’s Allowance Regulations 1996 (S.I.1996/207) (“the 1996 Regulations”) and the Jobseeker’s Allowance Regulations 2013 (S.I.2013/378) (“the 2013 Regulations”) to enable claimants who have been awarded a jobseeker’s allowance (“JSA”) to continue to be entitled to that benefit during an extended period of sickness.

The 1996 Regulations, which apply to “legacy” JSA, both contributory and income-related, are made under the Jobseekers Act 1995 (c.18) (“the 1995 Act”). The 2013 Regulations, which apply to “new-style” contributory-only JSA, are made under the Jobseekers Act 1995 as amended by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c.5) (removing references to an income-based allowance). In new-style JSA the claimant no longer has to be actively seeking, and available for, employment in order to be entitled to claim a jobseeker’s allowance. However, the Secretary of State must impose, except in prescribed circumstances, work search and work availability requirements on new-style JSA claimants-see section 6F(1) the 1995 Act).

To be entitled to either type of a jobseeker’s allowance, claimants must normally be capable of work or not have limited capability for work (see section 1 of the 1995 Act).

Regulation 2(5) inserts new regulation 55ZA into the 1996 Regulations. It enables a claimant who is unable to work on account of some specific disease or disablement which is expected to last for more than 2 weeks but less than 13 weeks or who may no longer be treated as capable of work under regulation 55 (short periods of sickness), to be treated for a continuous period of no more than 13 weeks in a rolling 12 month period as capable of work or not having limited capability for work if they have notified the Secretary of State in writing that they do not intend to claim employment and support allowance (ESA) or universal credit (UC). This is to be known as an extended period of sickness.

Regulation 2(2) amends regulation 14 (circumstances in which a person is to be treated as available) of the 1996 Regulations to enable a claimant who is treated as capable of work or not having limited capability for work under regulation 55ZA to be treated as available for work.

Regulation 2(3) amends regulation 19 (circumstances in which a person is to be treated as actively seeking employment) of the 1996 Regulations to enable such a claimant to be treated as actively seeking employment unless there are steps to seek employment in that week which it would be reasonable for them to take and they have not taken such steps.

Regulation 2(4) amends regulation 55 (short periods of sickness) of the 1996 Regulations. Sub-paragraph (a)(ii) amends that regulation so that the short period of sickness will also apply where the claimant notifies the Secretary of State in writing that they do not intend to claim UC (currently the notice applies only to ESA). Sub-paragraph (e) inserts a new paragraph (6) which has the effect of preventing both regulations 55 and 55ZA applying to a claimant at any one time. It also ensures that a claimant cannot be treated as capable of work or as not having limited capability for work for a continuous period under regulation 55 and then regulation 55A. Lastly, sub-paragraphs (a)(i) and (b) to (d)) correct minor drafting errors.

Regulation 3(4) inserts new regulation 46A into the 2013 Regulations which enables a claimant who has been awarded a jobseeker’s allowance under the 2013 Regulations to be treated as capable of work or not having limited capability for work in a very similar way to those claimants to whom the 1996 Regulations apply.

Regulation 3(2) inserts a new regulation 16A into the 2013 Regulations to provide that, for a claimant who is treated as capable of work or not having limited capability for work under regulation 46A, the Secretary of State must not impose a work search requirement or may not impose a work availability requirement on a claimant if he satisfied that it would be unreasonable to do so.

Regulation 3(3)(a) and (b) amends regulation 46 (short periods of sickness) of the 2013 Regulations both to correct the same minor drafting errors as were contained in regulation 55 of the 1996 Regulations and also in relation to the notification of intention to claim UC. Similarly, regulation 3(3)(c) makes the same change as is made by regulation 2(4)(e) to the 1996 Regulations to prevent the two sickness provisions applying at the same time.

Following on from the amendments made to the 1996 Regulations and to the 2013 Regulations, regulations 4 and 5 amend respectively the Employment and Support Allowance Regulations 2008 (S.I.2008/794) and the Employment and Support Allowance Regulations 2013 (S.I.2013/379). This is to ensure that the 13 week assessment phase when a person is first entitled to ESA is reduced by the number of days previously spent on JSA in an extended period of sickness immediately prior to being entitled to ESA. The amendments also, for the purpose of determining the end of the assessment phase for previous ESA claimants, treat periods on the extended period of sickness as a periods of entitlement to ESA.

Regulation 6 amends the Universal Credit (Transitional Provisions) Regulations 2014 (S.I.2014/1230). This is so that where an award of UC immediately follows an award of JSA and the last day of the award of JSA was in an extended period of sickness, the UC award may include an element for limited capability for work or for work-related activity only after a period of 13 weeks starting on the first day of that extended period of sickness.

Regulations 7 and 8 amend respectively the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I.1999/991) and the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (S.I.2013/381). This is to ensure that decisions awarding components of ESA from week 14 of the ESA claim to be revised at any time where the claimant previously had an extended period of sickness lasting 13 weeks. It is also to ensure that the effective date of supersession of ESA decisions made on the basis that a claimant has limited capability for work or work-related activity, is the day after the last day of the relevant period as defined by the amendments made by regulations 4 and 5.

An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector is foreseen.