Jobseekers Act 1995 (c. 18)

Part I E+W+S The Jobseeker’s Allowance

Jobseeking E+W+S

8 Attendance, information and evidence. E+W+S

(1) Regulations may make provision for requiring a claimant [F1 (other than a joint-claim couple claiming a joint-claim jobseeker’s allowance)]—

(a) to [F2 participate in an interview in such manner, time and place] as [F3 an employment officer] may specify; and

(b) to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment.

[F4 (1A) Regulations may make provision—

(a) for requiring each member of a joint-claim couple claiming a joint-claim jobseeker’s allowance to [F2 participate in an interview in such manner, time and place] as the Secretary of State may specify;

(b) for requiring a member of such a couple to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment;

(c) for requiring such a couple to jointly provide information and such evidence as may be prescribed as to the circumstances of each or either member of the couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment;

(d) where any requirement to provide information or evidence is imposed on such a couple by virtue of paragraph (c), for the joint obligation of the couple to be capable of being discharged by the provision of the information or evidence by one member of the couple.]

(2) Regulations under subsection (1) [F5 or (1A)] may, in particular—

[F6 (a) prescribe circumstances in which a jobseeker's allowance is not to be payable for a prescribed period (of at least one week but not more than two weeks) in the case of—

(i) a claimant (other than a joint-claim couple claiming a joint-claim jobseeker's allowance) who fails to comply with any regulations made under that subsection, or

(ii) a joint-claim couple claiming a joint-claim jobseeker's allowance a member of which fails to comply with any such regulations;

(b) provide for the consequence set out in paragraph (a) not to follow if, within a prescribed period of a person's (“P”) failure to comply with any such regulations (“the relevant period”), P or, if P is a member of a joint-claim couple, either member of the couple—

(i) makes prescribed contact with an officer of the Secretary of State, and

(ii) shows that P had good cause for the failure;

(c) provide for entitlement to a jobseeker's allowance to cease at such time as may be determined in accordance with any such regulations if P or, as the case may be, a member of the couple does not make prescribed contact with an officer of the Secretary of State in the relevant period;

(ca) prescribe circumstances in which a jobseeker's allowance is to be payable in respect of a claimant even though provision made by any such regulations by virtue of paragraph (a) prevents payment of a jobseeker's allowance in respect of the claimant; and]

(d) prescribe—

(i) matters which are, or are not, to be taken into account in determining whether a person has, or does not have, good cause for failing to comply with any such regulations; and

(ii) circumstances in which a person is, or is not, to be regarded as having, or not having, good cause for failing to comply with any such regulations.

[F7 (2A) The provision that may be made by any such regulations by virtue of subsection (2)(ca) includes, in particular, provision for a jobseeker's allowance payable by virtue of that paragraph to be—

(a) payable only if prescribed requirements as to the provision of information are complied with;

(b) payable at a prescribed rate;

(c) payable for a prescribed period (which may differ from the period mentioned in subsection (2)(a)).

[F8 (3) In subsection (1) “employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of that subsection by an order made by the Secretary of State.]]

Textual Amendments

F1 Words in s. 8(1) inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 7(2); S.I. 2000/2958, art. 2(2)

F2 Words in s. 8(1)(a)(1A)(a) substituted (8.10.2012) by Welfare Reform Act 2012 (c. 5), ss. 45, 150(3); S.I. 2012/2530, art. 2(1)

F3 Words in s. 8(1)(a) substituted (11.11.1999) by 1999 c. 30, ss. 70, 89(4)(b), Sch. 8 Pt. V para. 29(3)(a)

F4 S. 8(1A) inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 7(3); S.I. 2000/2958, art. 2(2)

F5 Words in s. 8(2) inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 7(4); S.I. 2000/2958, art. 2(2)

F6 S. 8(2)(a)-(ca) substituted for s. 8(2)(a)-(c) (10.2.2010 for specified purposes otherwise 6.4.2010) by Welfare Reform Act 2009 (c. 24), ss. 33(2), 61(3); S.I. 2010/293, art. 2(6) (with art. 3)

F7 S. 8(3) inserted (11.11.1999) by 1999 c. 30, ss. 70, 89(4)(b), Sch. 8 Pt. V para. 29(3)(b)

F8 S. 8(2A) inserted (10.2.2010 for specified purposes otherwise 6.4.2010) by Welfare Reform Act 2009 (c. 24), ss. 33(3), 61(3); S.I. 2010/293, art. 2(6) (with art. 3)

Commencement Information

I1 S. 8 wholly in force at 7.10.1996; s. 8 not in force at Royal Assent, see s. 41(2); s. 8 in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; s. 8 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)