Part I The Jobseeker’s Allowance

F1Denial of jobseeker’s allowance

F219BClaimants ceasing to be available for employment etc

(1)

Regulations may make provision for reduction of the amount of an award of a jobseeker's allowance other than a joint-claim jobseeker's allowance if the claimant—

(a)

was previously entitled to such an allowance or was a member of a couple entitled to a joint-claim jobseeker's allowance, and

(b)

ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c) (availability for employment and actively seeking employment).

(2)

Regulations may make provision for reduction of the amount of a joint-claim jobseeker's allowance if one of the claimants—

(a)

was previously entitled to a jobseeker's allowance other than a joint-claim jobseeker's allowance, and

(b)

ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c).

(3)

Regulations may make provision for reduction of the amount of an award of joint-claim jobseeker's allowance if—

(a)

the couple were previously entitled to a joint-claim jobseeker's allowance but ceased to be so entitled by either or both of them failing to comply with the condition in section 1(2)(a) or (c), or

(b)

either member of the couple was a member of another couple previously entitled to such an allowance and that couple ceased to be so entitled by that person failing to comply with the condition in section 1(2)(a) or (c).

(4)

Regulations are to provide for—

(a)

the amount of a reduction under this section;

(b)

the period for which such a reduction has effect.

(5)

The period referred to in subsection (4)(b) must not include any period after the end of the period of 13 weeks beginning with the day on which the claimant's previous entitlement ceased.

(6)

Regulations under subsection (4)(b) may in particular provide for the period of a reduction to depend on either or both of the following—

(a)

the number of occasions on which a claimant's entitlement has ceased as specified in subsection (1), (2) or (3);

(b)

the period between such occasions.

(7)

Regulations may provide for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.

(8)

During any period for which the amount of a joint-claim jobseeker's allowance is reduced under this section by virtue of a failure by one of the claimants to comply with the condition in section 1(2)(a) or (c), the allowance is payable to the other member of the couple.