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Section 17C of, and Schedule A1 to, the Jobseekers Act 1995 (persons dependent on drugs etc: jobseekers allowance) are repealed.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and Schedule 1A to, the Welfare Reform Act 2007 (persons dependent on drugs etc: employment and support allowance) are repealed.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In the Welfare Reform Act 2009, section 11 and Schedule 3 (which includes provision for review of the provisions repealed by this section) are repealed.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.