Welfare Reform Act 2012 (c. 5)

Part 2 E+W+S Working-age benefits

CHAPTER 4 E+W+S Miscellaneous

Prospective

Entitlement to work E+W+S

61 Entitlement to work: jobseeker's allowance E+W+S

(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.”