Jobseekers Act 1995

Part III U.K. Miscellaneous and Supplemental

30 Grants for resettlement places. E+W+S

(1) The Secretary of State may pay such grants, to such persons, as he considers appropriate in relation to expenditure in connection with the provision or maintenance of resettlement places.

(2) In this section “resettlement places” means places at which persons without a settled way of life are afforded temporary accommodation with a view to assisting them to lead a more settled life.

(3) Any grant under this section may be made on such terms and subject to such conditions as the Secretary of State considers appropriate.

(4) Section 30 of, and Schedule 5 to, the M1 Supplementary Benefits Act 1976 (provision of resettlement units) shall cease to have effect.

(5) Any grants made by the Secretary of State under this section shall be paid out of money provided by Parliament.

(6) Any sums received by the Secretary of State by way of the repayment of any such grant shall be paid by him into the Consolidated Fund.

Modifications etc. (not altering text)

C1 S. 30: transfer of functions (1.4.2000) by S.I. 2000/253, art. 2, Sch. 1

Marginal Citations

M1 1976 c. 71.

31 Termination of awards. E+W+S

(1) Regulations may make provision allowing, in prescribed circumstances, an award of income support to be brought to an end by [F1 the Secretary of State] where the person to whom it was made, or where he is a member of a married or unmarried couple his partner [F2 or the couple], will be entitled to a jobseeker’s allowance if the award is brought to an end.

(2) Regulations may make provision allowing, in prescribed circumstances, an award of a jobseeker’s allowance to be brought to an end by [F1 the Secretary of State] where the person to whom it was made, or where he is a member of a married or unmarried couple his partner, [F3 or where the award was made to a couple a member of the couple,] will be entitled to income support if the award is brought to an end.

(3) In this section “partner” means the other member of the couple concerned.

Textual Amendments

F1 Words in s. 31(1)(2) substituted (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 143; 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 Words in s. 31(1) inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 14(2); S.I. 2000/2958, art. 2(2)

F3 Words in s. 31(2) inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 14(3); S.I. 2000/2958, art. 2(2)

Commencement Information

I1 S. 31 wholly in force at 7.10.1996; s. 31 not in force at Royal Assent, see s. 41(2); s. 31 in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; s. 31 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)

32 Insolvency. E+W+S

(1) In section 71 of the Administration Act (overpayments), after subsection (10) insert—

“(10A) Where—

(a) a jobseeker’s allowance is payable to a person from whom any amount is recoverable as mentioned in subsection (8) above; and

(b) that person is subject to a bankruptcy order,

a sum deducted from that benefit under that subsection shall not be treated as income of his for the purposes of the Insolvency Act 1986.

(10B) Where—

(a) a jobseeker’s allowance is payable to a person from whom any amount is recoverable as mentioned in subsection (8) above; and

(b) the estate of that person is sequestrated,

a sum deducted from that benefit under that subsection shall not be treated as income of his for the purposes of the Bankruptcy (Scotland) Act 1985.”

(2) In section 78 of the Administration Act (recovery of social fund awards), after subsection (3) insert—

“(3A) Where—

(a) a jobseeker’s allowance is payable to a person from whom an award is recoverable under subsection (3) above; and

(b) that person is subject to a bankruptcy order,

a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Insolvency Act 1986.

(3B) Where—

(a) a jobseeker’s allowance is payable to a person from whom an award is recoverable under subsection (3) above; and

(b) the estate of that person is sequestrated,

a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Bankruptcy (Scotland) Act 1985.”

F4 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F4 S. 33 repealed (2.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. VI (with s. 83(6)); S.I. 2001/1252, art. 2(1)(e)

34

F5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 34(1)(4) repealed (1.7.1997) by 1997 c. 47, s. 22, Sch. 2; S.I. 1997/1577, art. 2, Sch.

F6 S. 34(2)(3)(5)-(7) repealed (2.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. VI (with s. 83(6)); S.I. 2001/1252, art. 2(1)(e)

35 Interpretation. E+W+S

(1) In this Act—

• [F7 “adjudication officer” means an adjudication officer appointed under section 38 of the Administration Act;]

• “the Administration Act” means the M2 Social Security Administration Act 1992;

• “applicable amount” means the applicable amount determined in accordance with regulations under section 4;

• “benefit year” has the meaning given by section 2(4);

• “the Benefits Act” means the M3 Social Security Contributions and Benefits Act 1992;

• “child” means a person under the age of 16;

• “claimant” means a person who claims a jobseeker’s allowance [F8 except that in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance it means the couple, or each member of the couple, as the context requires;];

• “continental shelf operations” has the same meaning as in section 120 of the Benefits Act;

• “contribution-based conditions” means the conditions set out in section 2;

• “contribution-based jobseeker’s allowance” has the meaning given in section 1(4);

• “employed earner” has the meaning prescribed for the purposes of this Act;

• “employment”, except in section 7, has the meaning prescribed for the purposes of this Act;

• “entitled”, in relation to a jobseeker’s allowance, is to be construed in accordance with—

  (a)

  the provisions of this Act relating to entitlement; and

  (b)

  [F9 section 1 of the Administration Act and section 27 of the Social Security Act 1998];

• “family” means—

  (a)

  a married or unmarried couple;

  (b)

  a married or unmarried couple and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;

  (c)

  except in prescribed circumstances, a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

• “Great Britain” includes the territorial waters of the United Kingdom adjacent to Great Britain;

• “income-based conditions” means the conditions set out in section 3;

• “income-based jobseeker’s allowance” has the meaning given in section 1(4);

• “jobseeker’s agreement” has the meaning given by section 9(1);

• “jobseeking period” has the meaning prescribed for the purposes of this Act;

• [F10 “joint-claim couple” and “joint-claim jobseeker’s allowance” have the meanings given by section 1(4);]

• “married couple” means a man and woman who are married to each other and are members of the same household;

• [F11 “the nominated member”, in relation to a joint-claim couple, shall be construed in accordance with section 3B(4);]

• “occupational pension scheme” has the same meaning as it has in the M4 Pension Schemes Act 1993 by virtue of section 1 of that Act;

• “pensionable age” has the meaning prescribed for the purposes of this Act;

• “pension payments” means—

  (a)

  periodical payments made in relation to a person, under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme; and

  (b)

  such other payments as may be prescribed;

• “personal pension scheme” means—

  (a)

  a personal pension scheme as defined by section 1 of the M5 Pension Schemes Act 1993;

  (b)

  a contract or trust scheme approved under Chapter III of Part XIV of the M6 Income and Corporation Taxes Act 1988; and

  (c)

  a personal pension scheme approved under Chapter IV of that Part of that Act;

• “prescribed” [F12 , except in section 27 (and in section 36 so far as relating to regulations under section 27),] means specified in or determined in accordance with regulations;

• “public service pension scheme” has the same meaning as it has in the M7 Pension Schemes Act 1993 by virtue of section 1 of that Act;

• “regulations” [F12 , except in section 27 (and in section 36 so far as relating to regulations under section 27),] means regulations made by the Secretary of State;

• “tax year” means the 12 months beginning with 6th April in any year;

• “trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises, or not;

• “training” has the meaning prescribed for the purposes of this Act and, in relation to prescribed provisions of this Act, if regulations so provide, includes assistance to find training or employment, or to improve a person’s prospects of being employed, of such a kind as may be prescribed;

• “unmarried couple” means a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;

• “week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;

• “work” has the meaning prescribed for the purposes of this Act;

• “year”, except in the expression “benefit year", means a tax year.

(2) The expressions “capable of work”, “linked period”, “relevant education” and “remunerative work” are to be read with paragraphs 2, 3, 14 and 1 of Schedule 1.

(3) Subject to any regulations made for the purposes of this subsection, “earnings” is to be construed for the purposes of this Act in accordance with section 3 of the Benefits Act and paragraph 6 of Schedule 1 to this Act.

Textual Amendments

F7 S. 35(1): Definition of "adjudication officer" repealed (18.10.1999 for specified purposes and otherwise prosp.) by 1998 c. 14, ss. 86, 87(2), Sch. 7 para. 144(a), Sch. 8; 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))

F8 S. 35(1): Words in definition of "claimant" inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 15(2); S.I. 2000/2958, art. 2(2)

F9 S. 35(1): Words in para. (b) in definition of "entitled" substituted (18.10.1999 for specified purposes and otherwise prosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 144(b); 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))

F10 S. 35(1): definitions of "joint-claim couple" and "joint-claim jobseeker's allowance" inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 15(3); S.I. 2000/2958, art. 2(2)

F11 S. 35(1): definition of "the nominated member" inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 15(4); S.I. 2000/2958, art. 2(2)

F12 S. 35(1): words in definitions of "prescribed" and "regulations" inserted (1.4.1999) by 1999 c. 2, s. 2, Sch. 3 para. 62; S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6)

Modifications etc. (not altering text)

C2 S. 35(1): definition of "trade dispute" modified (7.10.1996) by S.I. 1996/207, reg. 160

Marginal Citations

M2 1992 c. 5.

M3 1992 c. 4.

M4 1993 c. 48.

M5 1993 c. 48.

M6 1988 c. 1.

M7 1993 c. 48.

36 Regulations and orders. E+W+S

(1) Any power under this Act to make regulations or orders, other than an order under section [F13 8(3),][F14 9(13), 16(4) or 19(10)(a)], shall be exercisable by statutory instrument.

(2) Any such power may be exercised—

(a) either in relation to all cases to which it extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,

(iii) any such provision either unconditionally or subject to any specified condition.

(3) Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(4) Any such power includes power—

(a) to make such incidental, supplemental, consequential or transitional provision as appears to the Secretary of State [F15 , or (in the case of regulations made by the Treasury) to the Treasury,] to be expedient; and

(b) to provide for a person to exercise a discretion in dealing with any matter.

(5) Any power to make regulations or an order for the purposes of any provision of this Act is without prejudice to any power to make regulations or an order for the purposes of any other provision.

Textual Amendments

F13 Words in s. 36(1) inserted (11.11.1999) by 1999 c. 30, ss. 70, 89(4)(b), Sch. 8 Pt. V para. 29(6)

F14 Words in s. 36(1) substituted (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 145; 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))

F15 Words in s. 36(4)(b) inserted (1.4.1999) by 1999 c. 2, s. 2, Sch. 3 para. 63; S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6)

37 Parliamentary control. E+W+S

(1) Subsection (2) applies in relation to the following regulations (whether made alone or with other regulations)—

(a) regulations made under, or by virtue of, any provision of this Act other than—

(i) section 6, 7, 26, 29 or 40,

(ii) paragraph (b) of the definition of “pension payments” in section 35(1), or

(iii) paragraph 17 of Schedule 1,

before the date on which jobseeker’s allowances first become payable;

(b) the first regulations to be made under section 26;

(c) regulations made under section 6, 7, 29, paragraph (b) of the definition of “pension payments” in section 35(1) or paragraph 17 of Schedule 1.

(2) No regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House.

(3) Any other statutory instrument made under this Act, other than one made under section 41(2), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

38 General financial arrangements. E+W+S

(1) There shall be paid out of money provided by Parliament—

(a) any sums paid by the Secretary of State by way of jobseeker’s allowance; and

(b) any expenditure incurred by the Secretary of State [F16 or the Commissioners of Inland Revenue] under or by virtue of this Act.

(2) The expenditure mentioned in subsection (1)(b) includes expenditure incurred in connection with any inquiry undertaken on behalf of the Secretary of State [F17 or the Commissioners of Inland Revenue] with a view to obtaining statistics relating to the operation of any provision of this Act relating to a jobseeker’s allowance.

(3) There shall be paid out of the National Insurance Fund and into the Consolidated Fund sums estimated by the Secretary of State to balance payments made by him by way of contribution-based jobseeker’s allowance.

(4) The Secretary of State shall pay into the National Insurance Fund sums estimated by him to balance sums recovered by him in connection with payments of contribution-based jobseeker’s allowance.

(5) The [F18 Commissioners of Inland Revenue] shall pay into the National Insurance Fund sums estimated by [F19 them] to be equal to the aggregate of the amounts deducted by employers in accordance with regulations under section 27.

(6) The Secretary of State shall pay into the Consolidated Fund sums estimated by him to balance sums recovered by him in connection with payments made by way of income-based jobseeker’s allowance.

(7) Estimates under this section shall be made by the [F20 relevant authority]—

(a) in any manner which, after consulting the Government Actuary or the Deputy Government Actuary, [F21 the authority consider] appropriate and the Treasury has approved; and

(b) at such times as [F21 the authority consider] appropriate and the Treasury has approved.

(8) Payments which are required to be made by this section shall be made at such times and in such manner as the [F22 relevant authority] considers appropriate and the Treasury has approved.

[F23 (9) In subsections (7) and (8) “the relevant authority” means—

(a) the Secretary of State, in relation to any estimate or payment to be made by him, or

(b) the Commissioners of Inland Revenue, in relation to any estimate or payment to be made by them.]

Textual Amendments

F16 Words in s. 38(1)(b) inserted (1.4.1999) by 1999 c. 2, s. 1(1), Sch. 1 para. 66(2); S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6)

F17 Words in s. 38(2) inserted (1.4.1999) by 1999 c. 2, s. 2, Sch. 3 para. 64(2); S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6)

F18 Words in s. 38(5) substituted (1.4.1999) by 1999 c. 2, s. 2, Sch. 3 para. 64(3); S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6)

F19 By 1999 c. 2, s. 1(1), Sch. 1 para. 66(3); S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6) it is provided that in s. 38(5) for the word “him" there shall be substituted (1.4.1999) the words “the Commissioners of Inland Revenue" and by 1999 c. 2, s. 2, Sch. 3 para. 64(3); S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6) it is provided that in s. 38(5) for the word “him" there shall be substituted (1.4.1999) the word “them"

F20 Words in s. 38(7) inserted (1.4.1999) by 1999 c. 2, s. 1(1), Sch. 1 para. 66(4)(a); S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6)

F21 Words in s. 38(7) substituted (1.4.1999) by 1999 c. 2, s. 1(1), Sch. 1 para. 66(4)(b); S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6)

F22 Words in s. 38(8) substituted (1.4.1999) by 1999 c. 2, s. 1(1), Sch. 1 para. 66(5); S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6)

F23 S. 38(9) inserted (1.4.1999) by 1999 c. 2, s. 1(1), Sch. 1 para. 66(6); S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6)

Commencement Information

I2 S. 38 wholly in force at 7.10.1996; s. 38 not in force at Royal Assent, see s. 41(2); s. 38(1)(b)(5) in force (6.4.1996) by S.I. 1995/3228, art. 2(g); s. 38 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)

39 Provision for Northern Ireland. U.K.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M8 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M8 1974 c. 28.

40 Transitional provisions. E+W+S

(1) The Secretary of State may by regulations make such transitional provision, consequential provision or savings as he considers necessary or expedient for the purposes of or in connection with—

(a) the coming into force of any provision of this Act; or

(b) the operation of any enactment repealed or amended by any such provision during any period when the repeal or amendment is not wholly in force.

(2) Regulations under this section may in particular make provision—

(a) for the termination or cancellation of awards of unemployment benefit or income support;

(b) for a person whose award of unemployment benefit or income support has been terminated or cancelled under regulations made by virtue of paragraph (a) to be treated as having been awarded a jobseeker’s allowance (a “transitional allowance")—

(i) of such a kind,

(ii) for such period,

(iii) of such an amount, and

(iv) subject to such conditions,

as may be determined in accordance with the regulations;

(c) for a person’s continuing entitlement to a transitional allowance to be determined by reference to such provision as may be made by the regulations;

(d) for the termination of an award of a transitional allowance;

(e) for the review of an award of a transitional allowance;

(f) for a contribution-based jobseeker’s allowance not to be payable for a prescribed period where a person is disqualified for receiving unemployment benefit;

(g) that days which were days of unemployment for the purposes of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days during which a person was, or would have been, entitled to a jobseeker’s allowance;

(h) that days which were days of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days of entitlement to a contribution-based jobseeker’s allowance;

(i) that the rate of a contribution-based transitional allowance is to be calculated by reference to the rate of unemployment benefit paid or payable.

Commencement Information

I3 S. 40 wholly in force at 7.10.1996; s. 40 not in force at Royal Assent, see s. 41(2); s. 40 in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; s. 40 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)

41 Short title, commencement, extent etc. U.K.

(1) This Act may be cited as the Jobseekers Act 1995.

(2) Section 39 and this section (apart from subsections (4) and (5)) come into force on the passing of this Act, but otherwise the provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(3) Different days may be appointed for different purposes.

(4) Schedule 2 makes consequential amendments.

(5) The repeals set out in Schedule 3 shall have effect.

(6) Apart from this section, section 39 and paragraphs 11 to 16, 28, 67 and 68 of Schedule 2, this Act does not extend to Northern Ireland.

Subordinate Legislation Made

P1 S. 41(2) power partly exercised: different dates appointed for specified provisions by S.I. 1995/3228, art. 2

S. 41(2) power partly exercised: 22.4.1996 appointed for specific provisions by S.I. 1996/1126, art. 2

S. 41(2) power partly exercised: 11.6.1996 appointed for specified provisions by S.I. 1996/1509, art. 2, Sch.

S. 41(2) power fully exercised: different dates appointed for specified provisions by S.I. 1996/2208, art. 2

Commencement Information

I4 S. 41 wholly in force at 7.10.1996; s. 41(1)-(3)(6) in force at Royal Assent, see s. 41(2); s. 41(4) in force (12.12.1995) in so far as it refers to Sch. 2 para. 30(5) by S.I. 1995/3228, art. 2(b), Sch.; s. 41(5) in force (1.4.1996) in so far as it relates to the repeals in Sch. 3 of 1976 c. 71 by S.I. 1995/3228, art. 2(f); s. 41(4) in force (6.4.1996) in so far as it relates to Sch. 2 para. 41 by S.I. 1995/3228, art. 2(g); s. 41(4) in force (22.4.1996) for specified provisions in Sch. 2 by S.I. 1996/1126, art. 2(b); s. 41(4) in force (11.6.1996) for specified provisions in Sch. 2 by S.I. 1996/1509, art. 2, Sch.; s. 41(4) in force (2.9.1996) for specified provisions in Sch. 2 by S.I. 1996/2208, art. 2(a); s. 41 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)