The Jobseeker’s Allowance (Domestic Violence) (Amendment) Regulations 2012

Amendment of the Jobseeker’s Allowance Regulations 1996

2.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) After regulation 14 (circumstances in which a person is to be treated as available)(2), insert—

“14A.— (1) Paragraph (2) applies where a person (V) notifies the Secretary of State, in such manner as the Secretary of State specifies, that—

(a) domestic violence has been inflicted on or threatened against V by V’s partner or former partner or a family member, during the period of 26 weeks ending on the date of the notification; and

(b) at the time of the notification, V is not living at the same address as the person who inflicted domestic violence on or threatened it against V.

(2) Where this paragraph applies V is to be treated as being available for employment for a period of 4 weeks (“the 4 week exemption period”) beginning on the date of V’s notification to the Secretary of State under paragraph (1).

(3) V is to be treated as available for employment under paragraph (2)—

(a) whether or not V is entitled to a jobseeker’s allowance for the whole or part of the 4 week exemption period; and

(b) on only one occasion in any 12 month period.

(4) Paragraph (6) applies where domestic violence has been inflicted on or threatened against V by V’s partner or former partner or a family member.

(5) Domestic violence is only to be regarded as having been inflicted on or threatened against V for the purpose of paragraph (4) if V provides relevant evidence to the Secretary of State during the 4 week exemption period.

(6) Where this paragraph applies, V is to be treated as being available for employment for a period of 13 weeks (“the 13 week exemption period”) beginning on the date of V’s notification to the Secretary of State under paragraph (1).

(7) Subject to paragraphs (8) and (9), the 13 week exemption period shall apply for 13 consecutive weeks, whether or not V is entitled to a jobseeker’s allowance for the whole or part of that period.

(8) After the first 4 weeks of the 13 week exemption period, V may notify the Secretary of State that V no longer wishes to be treated as available for employment by virtue of paragraph (6).

(9) Where V gives such a notification to the Secretary of State, the 13 week exemption period—

(a) shall be suspended from the date of the notification until the date on which V gives a further notification to the Secretary of State that V wishes again to be treated as available for employment by virtue of paragraph (6); and

(b) shall not apply at any time after the expiry of 12 months from the date of the notification referred to in paragraph (1).

(10) For the purpose of this regulation—

“domestic violence” means abuse of a kind specified on page 11 of section 2.2 of ‘Responding to domestic abuse: a handbook for health professionals’ published by the Department of Health in December 2005(3), regardless of the gender or sexuality of V,

“family member” means the following members of the family of V, V’s partner or V’s former partner – grandparent, grandchild, parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, brother-in-law, sister, sister-in-law, or, if any of the preceding persons is a member of a couple, the other member of that couple,

“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(4),

“person acting in an official capacity” means a health care professional, a police officer, a registered social worker, V’s employer or a representative of V’s trade union and any public, voluntary or charitable body which has had direct contact with V in connection with domestic violence,

“registered social worker” means a person registered as a social worker in a register maintained by—

(a)

the General Social Care Council,

(b)

the Care Council for Wales,

(c)

the Scottish Social Services Council, or

(d)

the Northern Ireland Social Care Council,

“relevant evidence” means written evidence from a person acting in an official capacity showing that—

(a)

V’s circumstances are consistent with those of a person who has had domestic violence inflicted on or threatened against them during the period of 26 weeks ending on the date of the notification referred to in paragraph (1); or

(b)

V has made contact with the person acting in an official capacity in relation to such an incident, which occurred during that period.”.

(3) In regulation 19(1) (circumstances in which a person is to be treated as actively seeking employment) after sub-paragraph (w), insert—

“(x) in any week during which he is treated as available for employment under regulation 14A.”.

(4) In regulation 34 (jobseeker’s agreement treated as having been made)(5), after paragraph (f), insert—

“(g) in any period during which he is treated as available for employment under regulation 14A if the claimant has not entered into a jobseeker’s agreement before that period begins.”.

(1)

S.I. 1996/207.

(2)

Regulation 14 has been amended in a number of ways not material to these Regulations.

(3)

A copy of the guidance can be obtained from the Department of Health, Room 212 Wellington House, 133-135 Waterloo Road, London SE1 and at:

http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyandGuidance/DH_4126161.

(4)

2002 c.17. Subsection (3) of section 25 was amended by S.I. 2010/231 and by the Health and Social Care Act 2008 (c.14).

(5)

Regulation 34 has been amended in a number of ways not material to these Regulations.