- Latest available (Revised)
- Point in Time (30/10/2012)
- Original (As enacted)
Point in time view as at 30/10/2012. This version of this cross heading contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Welfare Reform Act 2012, Cross Heading: Entitlement to work is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Prospective
(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—
“8ZARegulations 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.”
(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—
“Entitlement to work in the United Kingdom4BRegulations 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.”
(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.”
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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—
(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—
Paragraph 2(i) above does not apply in prescribed circumstances.”
Textual Amendments
F1S. 63(6) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 75; S.I. 2014/1640, art. 7(pp) (with art. 16)
F2S. 63(7) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 75; S.I. 2014/1640, art. 7(pp) (with art. 16)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: