The Jobseeker’s Allowance (Amendment) Regulations 2000

Amendment of the Jobseeker’s Allowance Regulations 1996

2.—(1) The Jobseeker’s Allowance Regulations 1996(1) shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1(3) (interpretation) there shall be inserted after the definition of “net profit” the following definition

““the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) and the training scheme specified in regulation 75(1)(b)(ii);”.

(3) For regulation 69 (prescribed period for purposes of Section 19(2)) there shall be substituted the following regulation—

“Prescribed period for purposes of section 19(2)

69.— (1) The prescribed period for the purposes of section 19(2) shall be—

(a) 2 weeks, in any case which does not fall within sub-paragraph (b) or (c) below;

(b) 4 weeks, in any case in which

(i) a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5), and

(ii) one of the following circumstances applies—

(aa) where the determination in (i) above does not relate to one of the New Deal options, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5), or

(bb) where the determination in (i) above relates to one of the New Deal options, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) that relate to one of those options, and

(iii) the first date on which the jobseeker’s allowance was not payable to him on that previous occasion falls within the period of 12 months preceding the date of the determination mentioned in (b)(i) above;

(c) 26 weeks in any case in which—

(i) a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) and the determination relates to an act or omission arising after this regulation comes into force in respect of one of the New Deal options; and

(ii) on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) and each such determination relates to one of the New Deal options; and

(iii) no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (c)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either—

(aa) a determination falling within sub-paragraph (b)(i) to which the circumstances in sub-paragraph (b)(ii)(bb) apply; or

(bb) itself an earlier determination falling within sub-paragraph (c)(i).

(2) The prescribed period for the purposes of section 19(2) shall begin—

(a) where, in accordance with regulation 26A(1) of the Claims and Payments Regulations(2), a jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid; and

(b) in any other case, on the first day of the benefit week following the date on which a jobseeker’s allowance is determined not to be payable.

(3) In a case falling within paragraph (1)(c) of this regulation in which—

(a) for the first time a determination is made that for a period of 26 weeks a jobseeker’s allowance is not payable to the claimant; and

(b) no further such determination is made; and

(c) the Secretary of State gives notice in writing to the claimant that he is no longer required to participate in any of the New Deal options,

• an income-based jobseeker’s allowance shall be payable to the claimant during the period specified in paragraph (4) even though section 19 would otherwise prevent the payment of such an allowance.

(4) The period referred to in paragraph (3) shall—

(a) begin on either—

(i) the day specified in a notice by the Secretary of State as being the day on which the claimant is or was no longer required to participate in any of the New Deal options; or

(ii) the day four weeks after the first day on which a jobseeker’s allowance was not payable as a result of the first determination mentioned in paragraph (3),

whichever is the later;

(b) end on the last day when a jobseeker’s allowance was not payable as a result of the first determination mentioned in paragraph (3); but

(c) not include any period during which a jobseeker’s allowance is again determined not to be payable to the claimant in circumstances falling within section 19(5) or (6).”.

(4) At the end of regulation 140(1) (meaning of “person in hardship”) there shall be added the following sub-paragraph—

“(k) is a person

(i) who, pursuant to the Children Act 1989(3), was being looked after by a local authority;

(ii) with whom the local authority had a duty, pursuant to that Act, to take reasonable steps to keep in touch; or

(iii) who, pursuant to that Act, qualified for advice and assistance from a local authority,

but in respect of whom (i), (ii) or, as the case may be, (iii) above had not applied for a period of three years or less as at the date on which he complies with the requirements of regulation 143; and

(iv) as at the date on which he complies with the requirements of regulation 143, is under the age of 21”.

(5) In regulation 140A (period when a person is not a person in hardship)—

(a) for paragraph (1) there shall be substituted the following paragraph—

“(1) A claimant who is not a person in hardship by virtue of regulation 140(4A) shall not be a person in hardship throughout the period beginning on the day on which a New Deal decision has effect by virtue of regulation 69 or, as the case may be, by virtue of regulation 7(8) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(4) and ending—

(a) on the last day on which he is required to participate in a New Deal option; or

(b) on the day which is 14 days after the day on which the New Deal decision had effect,

whichever is the later.”

(b) after paragraph (3) there shall be added the following paragraph—

“(4) In this regulation, “New Deal decision” means a decision that section 19(5)(b) or (c) applies by virtue of an act or omission relating to one of the New Deal options.”.

(1)

S.I. 1996/207; relevant amending instruments are S.I. 1997/2863 and S.I. 1999/2677.

(2)

S.I. 1987/1968; regulation 26A was inserted by S.I. 1996/1460.

(3)

1989 c. 41.

(4)

S.I. 1999/991.