Jobseekers Act 1995

35 Interpretation. E+W+S

(1) In this Act—

• [F1 “adjudication officer” means an adjudication officer appointed under section 38 of the Administration Act;]

• “the Administration Act” means the M1 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 M2 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 [F2 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)

  [F3 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;

• [F4 “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;

• [F5 “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 M3 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 M4 Pension Schemes Act 1993;

  (b)

  a contract or trust scheme approved under Chapter III of Part XIV of the M5 Income and Corporation Taxes Act 1988; and

  (c)

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

• “prescribed” [F6 , 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 M6 Pension Schemes Act 1993 by virtue of section 1 of that Act;

• “regulations” [F6 , 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

F1 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))

F2 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)

F3 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))

F4 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)

F5 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)

F6 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)

C1 S. 35(1): definition of "trade dispute" modified (7.10.1996) by S.I. 1996/207, reg. 160

Marginal Citations

M1 1992 c. 5.

M2 1992 c. 4.

M3 1993 c. 48.

M4 1993 c. 48.

M5 1988 c. 1.

M6 1993 c. 48.