Part 2Working-age benefits
CHAPTER 4Miscellaneous
Claimants dependent on drugs etc
60Claimants dependent on drugs etc
1
Section 17C of, and Schedule A1 to, the Jobseekers Act 1995 (persons dependent on drugs etc: jobseekers allowance) are repealed.
2
Section 15A of, and Schedule 1A to, the Welfare Reform Act 2007 (persons dependent on drugs etc: employment and support allowance) are repealed.
3
In the Welfare Reform Act 2009, section 11 and Schedule 3 (which includes provision for review of the provisions repealed by this section) are repealed.
Entitlement to work
61Entitlement to work: jobseeker's allowance
1
The Jobseekers Act 1995 is amended as follows.
2
In section 1 (jobseeker's allowance), in subsection (2), before paragraph (a) there is inserted—
za
is entitled to be in employment in the United Kingdom;
3
In that section, after subsection (3) there is inserted—
3A
For the purposes of subsection (2)(za), a person is entitled to be in employment in the United Kingdom if, and only if—
a
the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or
b
the person has been granted such leave and—
i
the leave is not invalid,
ii
the leave has not for any reason ceased to have effect, and
iii
the leave is not subject to a condition preventing the person from accepting any employment.
4
In Schedule 1 (supplementary provisions), after paragraph 8 there is inserted—
8ZA
Regulations may prescribe circumstances in which a person may be entitled to a jobseeker's allowance without being entitled to be in employment in the United Kingdom.
62Entitlement to work: employment and support allowance
1
The Welfare Reform Act 2007 is amended as follows.
2
In section 1 (employment and support allowance), in subsection (3), before paragraph (a) there is inserted—
za
is entitled to be in employment in the United Kingdom,
3
In that section, after subsection (3A) there is inserted—
3B
For the purposes of subsection (3)(za), a person is entitled to be in employment in the United Kingdom if, and only if—
a
the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or
b
the person has been granted such leave and—
i
the leave is not invalid,
ii
the leave has not for any reason ceased to have effect, and
iii
the leave is not subject to a condition preventing the person from accepting any employment.
4
In Schedule 2 (supplementary provisions), after paragraph 4A (as inserted by section 54 of this Act) there is inserted—
4BEntitlement to work in the United Kingdom
Regulations may provide that in prescribed circumstances a person who is not entitled to be in employment in the United Kingdom may nevertheless be entitled to an employment and support allowance.
63Entitlement to work: maternity allowance and statutory payments
1
The Social Security Contributions and Benefits Act 1992 is amended as follows.
2
In section 35 (state maternity allowance)—
a
in subsection (1), at the end there is inserted “and
e
at the commencement of the week referred to in paragraph (a) above she was entitled to engage in the employment referred to in paragraph (b) above.
b
in subsection (3), before paragraph (a) there is inserted—
za
for circumstances in which subsection (1)(e) above does not apply;
3
In section 164 (statutory maternity pay)—
a
in subsection (2), after paragraph (a) there is inserted—
aa
that at the end of the week immediately preceding that 14th week she was entitled to be in that employment;
b
in subsection (9), after paragraph (d) there is inserted—
da
provide for circumstances in which subsection (2)(aa) above does not apply;
4
In section 171ZA (ordinary statutory paternity pay: birth)—
a
in subsection (2), after paragraph (b) there is inserted—
ba
that at the end of the relevant week he was entitled to be in that employment;
b
after subsection (3) there is inserted—
3A
Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.
5
In section 171ZB (ordinary statutory paternity pay: adoption)—
a
in subsection (2), after paragraph (b) there is inserted—
ba
that at the end of the relevant week he was entitled to be in that employment;
b
after subsection (3) there is inserted—
3A
Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.
F16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In section 171ZL (statutory adoption pay: entitlement)—
a
in subsection (2), after paragraph (b) there is inserted—
ba
that at the end of the relevant week he was entitled to be in that employment;
b
in subsection (3), after “(2)(b)“ there is inserted “, (ba)”;
c
in subsection (8), before paragraph (a) there is inserted—
za
exclude the application of subsection (2)(ba) above in prescribed circumstances;
9
After section 173 there is inserted—
173AEntitlement to be in employment
1
For the purposes of this Act a person is entitled to engage in or to be in any employment if (and only if)—
a
the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or
b
the person has been granted such leave and—
i
the leave is not invalid,
ii
the leave has not for any reason ceased to have effect, and
iii
the leave is not subject to a condition preventing the person from accepting that employment.
10
In Schedule 11 (statutory sick pay: circumstances in which periods of entitlement do not arise)—
a
in paragraph 2, at the end there is inserted—
i
the employee is not entitled to be in his employment on the relevant date.
b
at the end there is inserted—
9
Paragraph 2(i) above does not apply in prescribed circumstances.