Jobseekers Act 1995

1 The jobseeker’s allowance.E+W+S

(1)An allowance, to be known as a jobseeker’s allowance, shall be payable in accordance with the provisions of this Act.

(2)Subject to the provisions of this Act, a claimant is entitled to a jobseeker’s allowance if he—

(a)[F1is available for employment;]

(b)[F2has entered into a jobseeker’s agreement which remains in force;]

(c)[F3is actively seeking employment;]

[F4(d)satisfies the conditions set out in section 2;]

(e)is not engaged in remunerative work;

[F5(f)does not have limited capability for work;]

(g)is not receiving relevant education;

(h)is under pensionable age; and

(i)is in Great Britain.

[F6(2A)[F7Subject to the provisions of this Act, a claimant who is not a member of a joint-claim couple is entitled to a jobseeker’s allowance if he satisfies—

(a)the conditions set out in paragraphs (a) to (c) and (e) to (i) of subsection (2); and

(b)the conditions set out in section 3.]

(2B)[F7Subject to the provisions of this Act, a joint-claim couple are entitled to a jobseeker’s allowance if—

(a)a claim for the allowance is made jointly by the couple;

(b)each member of the couple satisfies the conditions set out in paragraphs (a) to (c) and (e) to (i) of subsection (2); and

(c)the conditions set out in section 3A are satisfied in relation to the couple.]

(2C)[F7Regulations may prescribe circumstances in which subsection (2A) is to apply to a claimant who is a member of a joint-claim couple.]

(2D)[F7Regulations may, in respect of cases where a person would (but for the regulations) be a member of two or more joint-claim couples, make provision for only one of those couples to be a joint-claim couple; and the provision which may be so made includes provision for the couple which is to be the joint-claim couple to be nominated—

(a)by the persons who are the members of the couples, or

(b)in default of one of the couples being so nominated, by the Secretary of State.]]

(3)A jobseeker’s allowance is payable in respect of a week.

(4)[F8In this Act—

  • “a contribution-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant’s satisfying conditions which include those set out in section 2; F9. . .

  • “an income-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant’s satisfying conditions which include those set out in section 3 [F10or a joint-claim jobseeker’s allowance;]

  • [F11“a joint-claim couple” means a [F12couple] who—

    (a)

    are not members of any family whose members include a person in respect of whom a member of the couple is entitled to child benefit, and

    (b)

    are of a prescribed description;

  • “a joint-claim jobseeker’s allowance” means a jobseeker’s allowance entitlement to which arises by virtue of subsection (2B).]]

Textual Amendments

F1S. 1(2)(a) repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 49(2), 150(3); S.I. 2013/983, art. 7(1)(b) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

F2Words in s. 1(2)(b) substituted (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 44(2), 150(3); S.I. 2013/983, art. 7(1)(a) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

F3S. 1(2)(c) repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 49(2), 150(3); S.I. 2013/983, art. 7(1)(b) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

F4S. 1(2)(d) substituted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 2; S.I. 2000/2958, art. 2(2)

F6S. 1(2A)-(2D) inserted (19.3.2001) by 1999 c. 33, s. 59, Sch. 7 para. 2(3); S.I. 2000/2958, art. 2(2)

F7S. 1(2A)-(2D) repealed (29.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/983, arts. 4(1)(c), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537)

F8S. 1(4) repealed (29.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/983, arts. 4(1)(c), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537)

F9Word at end of definition of “a contribution-based jobseeker's allowance" in s. 1(4) repealed (6.4.2002) by 1999 c. 30,s, 88, Sch. 13 Pt. V; S.I. 2001/4049, art. 2(3)(d)

F10Words in definition of “an income-based jobseeker's allowance" in s. 1(4) inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 2(4)(a); S.I. 2000/2958, art. 2(2)

F11Definitions of “a joint-claim couple" and “a joint-claim jobseeker's allowance" in s. 1(4) inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 2(4)(b); S.I. 2000/2958, art. 2(2)

Modifications etc. (not altering text)

C6S. 1(2)(a)-(c) restricted (19.3.2001) by S.I. 1996/207, reg. 146C(4) (as inserted (19.3.2001) by S.I. 2000/1978, reg. 2(3))

C7S. 1(2)(a)-(c)(e)-(i) applied (with modifications) (4.11.1996) by S.I. 1996/2567, reg. 2(1)(2)-(4)