Part III Miscellaneous and Supplemental

30 Grants for resettlement places.

(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 M1Supplementary 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.

31 Termination of awards.

(1)

Regulations may make provision allowing, in prescribed circumstances, an award of income support to be brought to an end by F1the Secretary of State where the person to whom it was made, or where he is a member of a F2couple his partner F3or 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 F1the Secretary of State where the person to whom it was made, or where he is a member of a F2couple his partner, F4or 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.

32 Insolvency.

(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.”

F533. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

F6(1)

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F7(2)

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F7(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35 Interpretation.

(1)

In this Act—

F8“adjudication officer” means an adjudication officer appointed under section 38 of the Administration Act;

“the Administration Act” means the M2Social 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 M3Social 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 F9F10except 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;

F9“contribution-based jobseeker’s allowance” has the meaning given in section 1(4);

F11“couple” means—

(a)

a man and woman who are married to each other and are members of the same household;

(b)

a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;

(c)

two people of the same sex who are civil partners of each other and are members of the same household; or

(d)

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;

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

“employment”, F12except in section 7, has the meaning prescribed for the purposes of this Act;

F12F13“employment officer”, for any purpose of this Act, means an officer of the Secretary of State or such other person as may be designated for that purpose by an order made by the Secretary of State;

“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)

F14section 1 of the Administration Act and section 27 of the Social Security Act 1998;

“family” means—

(a)

a F15couple;

(b)

a F15couple 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 F15couple 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;

F16“FAS payments” means payments made under the Financial Assistance Scheme Regulations 2005;

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

F9“income-based conditions” means the conditions set out in section 3;

F9“income-based jobseeker’s allowance” has the meaning given in section 1(4);

F9F17“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

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

F12F18“jobseeker's direction” has the meaning given by section 19A;

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

F9F19“joint-claim couple” and “joint-claim jobseeker’s allowance” have the meanings given by section 1(4);

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9F21“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 M4Pension 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 M5Pension Schemes Act 1993;

(b)

F22an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004; and

(c)

a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;

F23“PPF payments” means any payments made in relation to a person—

(a)

payable under the pension compensation provisions as specified in section 162(2) of the Pensions Act 2004 or Article 146(2) of the Pensions (Northern Ireland) Order 2005 (the pension compensation provisions); or

(b)

payable under section 166 of the Pensions Act 2004 or Article 150 of the Pensions (Northern Ireland) Order 2005 (duty to pay scheme benefits unpaid at assessment date etc.);

“prescribed” F24, 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 M6Pension Schemes Act 1993 by virtue of section 1 of that Act;

“regulations” F24, 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;

F12“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;

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“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;

F25“work availability requirement” has the meaning given by section 6E;

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

F26(1A)

For the purposes of this Act, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

(2)

The expressions “ F27limited capability for 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.

36 Regulations and orders.

(1)

Any power under this Act to make regulations or orders, other than an order under section F288(3),F299(13), 16(4) or 19(10)(a), shall be exercisable by statutory instrument.

F30(1A)

F31Subsection (1) does not apply to an order under section 35(1) in relation to employment officers.

(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 F32, 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.

F33(4A)

F34Without prejudice to the generality of the provisions of this section—

(a)

regulations under section 17A F35. . . may make different provision for different areas;

(b)

regulations under section 17A F35. . . may make provision which applies only in relation to an area or areas specified in the regulations.

(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.

37 Parliamentary control.

(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 F366, 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;

F37(aa)

the first regulations to be made under section 6J or 6K;

F38(ab)

F39the first regulations to be made under sections 19 to 19C;

(b)

the first regulations to be made under section 26;

(c)

regulations made under section F40. . . 29, paragraph (b) of the definition of “pension payments” in section 35(1) F41. . . or paragraph F428B or 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.

(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 F43or 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 F44or 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 F45contribution-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 F45contribution-based jobseeker’s allowance.

(5)

The F46Commissioners of Inland Revenue shall pay into the National Insurance Fund sums estimated by F47them to be equal to the aggregate of the amounts deducted by employers in accordance with regulations under section 27.

(6)

F48The 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 F49relevant authority—

(a)

in any manner which, after consulting the Government Actuary or the Deputy Government Actuary, F50the authority consider appropriate and the Treasury has approved; and

(b)

at such times as F50the 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 F51relevant authority considers appropriate and the Treasury has approved.

F52(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.

39 Provision for Northern Ireland.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M7Northern 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.

40 Transitional provisions.

(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.

41 Short title, commencement, extent etc.

(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.