Jobseekers Act 1995

Persons under 18 E+W+S

16 Severe hardship. E+W+S

(1) If it appears to the Secretary of State—

(a) that a person—

(i) has reached the age of 16 but not the age of 18,

(ii) is not entitled to a jobseeker’s allowance or to income support, and

(iii) is registered for training but is not being provided with any training, and

(b) that severe hardship will result to him unless a jobseeker’s allowance is paid to him,

the Secretary of State may direct that this section is to apply to him.

(2) A direction may be given so as to have effect for a specified period.

(3) The Secretary of State may revoke a direction if—

(a) it appears to him that there has been a change of circumstances as a result of which failure to receive a jobseeker’s allowance need no longer result in severe hardship to the person concerned;

[F1 (b) it appears to him that the person concerned has, without good cause—

(i) neglected to avail himself of a reasonable opportunity of a place on a training scheme; or

(ii) after a place on such a scheme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or]

(c) he is satisfied that it was given in ignorance of some material fact or was based on a mistake as to some material fact and considers that, but for that ignorance or mistake, he would not have given the direction.

[F2 (4) In this section—

• “employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of this section by an order made by the Secretary of State;

• “period” includes—

  (a)

  a period of a determinate length;

  (b)

  a period defined by reference to the happening of a future event; and

  (c)

  a period of a determinate length but subject to earlier determination upon the happening of a future event;

• “training scheme” has such meaning as may be prescribed.]

Textual Amendments

F1 S. 16(3)(b) substituted (18.10.1999 for specified purposes and otherwise prosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 139(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))

F2 S. 16(4) substituted (18.10.1999 for specified purposes and otherwise prosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 139(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))

Modifications etc. (not altering text)

C1 S. 12 applied (with modifications) (1.4.2002) by S.I. 2001/4022, reg. 11(f)

17 Reduced payments. E+W+S

(1) Regulations may provide for the amount of an income-based jobseeker’s allowance payable to any young person to whom this section applies to be reduced—

(a) in such circumstances,

(b) by such a percentage, and

(c) for such a period,

as may be prescribed.

(2) This section applies to any young person in respect of whom—

(a) a direction is in force under section 16; and

(b) [F3 any] of the conditions mentioned in subsection (3) is satisfied.

(3) The conditions are that—

(a) the young person 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;

[F4 (b) he has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place, and no certificate has been issued to him under subsection (4);

(c) he has lost his place on such a scheme through misconduct.]

[F5 (4) Where a young person who has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place—

(a) claims that there was good cause for his doing so; and

(b) applies to the Secretary of State for a certificate under this subsection,

the Secretary of State shall, if he is satisfied that there was good cause, issue a certificate to that effect and give a copy of it to the young person.

(5) In this section—

• “training scheme” has such meaning as may be prescribed;

• “young person” means a person who has reached the age of 16 but not the age of 18.]

Textual Amendments

F3 Word in s. 17(2)(b) substituted (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 140(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))

F4 S. 17(3)(b)(c) substituted for s. 17(3)(b) (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 140(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))

F5 S. 17(4)(5) substituted (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 140(3); (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. 17 wholly in force at 7.10.1996; s. 17 not in force at Royal Assent, see s. 41(2); s. 17(1) in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; s. 17 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)

X1 18 Recovery of overpayments. E+W+S

In the Administration Act, insert after section 71—

“ Jobseeker’s allowance E+W+S

71A Recovery of jobseeker’s allowance: severe hardship cases.

(1) Where—

(a) a severe hardship direction is revoked; and

(b) it is determined by an adjudication officer that—

(i) whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; and

(ii) in consequence of the failure or misrepresentation, payment of a jobseeker’s allowance has been made during the relevant period to the person to whom the direction related,

an adjudication officer may determine that the Secretary of State is entitled to recover the amount of the payment.

(2) In this section—

• “severe hardship direction” means a direction given under section 16 of the Jobseekers Act 1995; and

• “the relevant period” means—

  (a)

  if the revocation is under section 16(3)(a) of that Act, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and

  (b)

  if the revocation is under section 16(3)(b) or (c) of that Act, the period during which the direction was in force.

(3) Where a severe hardship direction is revoked, the Secretary of State may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.

(4) If the Secretary of State certifies that there has been such misrepresentation or failure to disclose, he may certify—

(a) who made the misrepresentation or failed to make the disclosure; and

(b) whether or not a payment of jobseeker’s allowance has been made in consequence of the misrepresentation or failure.

(5) If the Secretary of State certifies that a payment has been made, he may certify the period during which a jobseeker’s allowance would not have been paid but for the misrepresentation or failure to disclose.

(6) A certificate under this section shall be conclusive as to any matter certified.

(7) Subsections (3) and (6) to (10) of section 71 above apply to a jobseeker’s allowance recoverable under subsection (1) above as they apply to a jobseeker’s allowance recoverable under section 71(1) above.

(8) The other provisions of section 71 above do not apply to a jobseeker’s allowance recoverable under subsection (1) above.”

Editorial Information

X1 S. 18: with effect from 12.11.2009, as a consequence of the insertions of ss. 17A-17C and associated cross-headings, s. 18 falls under the inserted cross-heading "Persons dependent on drugs etc" instead of the cross-heading "Persons under 18" [a consequence which may not have been intended]