The Jobseeker’s Allowance Regulations 1996

Chapter IV Attendance, Information and Evidence

Attendance

[F1 23.   A claimant shall attend at such place and at such time as an employment officer may specify by a notification which is given or sent to the claimant and which may be in writing, by telephone or by electronic means.]

Textual Amendments

F1 Reg. 23 substituted (11.9.2000) by The Jobseeker’s Allowance (Amendment) (No. 3) Regulations 2000 (S.I. 2000/2194), regs. 1, 2(2)

[F2 Attendance by members of a joint-claim couple

23A.   Each member of a joint-claim couple shall attend at such place and at such time as the employment officer may specify by a notification which is given or sent to that member and which may be in writing, by telephone or by electronic means.]

Textual Amendments

F2 Reg. 23A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 2

Provision of information and evidence

24.—(1) A claimant shall provide such information as to his circumstances, his availability for employment and the extent to which he is actively seeking employment as may be required by the Secretary of State in order to determine the entitlement of the claimant to a jobseeker’s allowance, whether that allowance is payable to him and, if so, in what amount.

[F3 (1A) A member of a joint-claim couple shall provide such information as to the circumstances of each or either member of a 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 as may be required by the Secretary of State in order to determine the entitlement of the couple to a jobseeker’s allowance, whether that allowance is payable to the couple and, if so, in what amount.]

(2) A claimant shall furnish such other information in connection with the claim, or any question arising out of it, as may be required by the Secretary of State.

(3) Where–

(a) a jobseeker’s allowance may be claimed by either member of a couple, or

(b) entitlement to a jobseeker’s allowance or whether that allowance is payable and, if so, in what amount, is or may be affected by the circumstances of either member of a couple or any member of a polygamous marriage,

the Secretary of State may require the member of the couple other than the claimant to certify in writing whether he agrees to the claimant’s making the claim, or that he, or any member of a polygamous marriage, confirms the information given about his circumstances[F4 , and in this paragraph “couple” does not include a joint-claim couple].

[F5 (3A) Where entitlement to a joint-claim jobseeker’s allowance or whether that allowance is payable and, if so, in what amount, is or may be affected by the circumstances of any member of a polygamous marriage, the Secretary of State may require either member of the joint-claim couple to certify in writing that any member of the polygamous marriage confirms the information given about that member’s circumstances.]

(4) A claimant shall furnish such certificates, documents and other evidence as may be required by the Secretary of State for the determination of the claim.

(5) A claimant shall furnish such certificates, documents and other evidence affecting his continuing entitlement to a jobseeker’s allowance, whether that allowance is payable to him and, if so, in what amount as the Secretary of State may require.

[F6 (5A) A member of a joint-claim couple shall furnish such certificates, documents and other evidence affecting the continuing entitlement of the couple to a jobseeker’s allowance, whether that allowance is payable to the couple and, if so, in what amount as the Secretary of State may require.]

(6) A claimant shall, if the Secretary of State requires him to do so, provide a signed declaration to the effect that—

[F7 (a) since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph he has either been available for employment or satisfied the circumstances to be treated as available for employment, save as he has otherwise notified the Secretary of State,]

(b) since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph he has either been actively seeking employment to the extent necessary to give him his best prospects of securing employment or he has satisfied the circumstances to be treated as actively seeking employment, save as he has otherwise notified the Secretary of State, and

(c) since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph there has been no change to his circumstances which might affect his entitlement to a jobseeker’s allowance or the F8 ... amount of such an allowance, save as he has notified the Secretary of State.

(7) A claimant shall notify the Secretary of State–

(a) of any change of circumstances which has occurred which he might reasonably be expected to know might affect his entitlement to a jobseeker’s allowance [F9 or, in the case of a joint-claim couple, the entitlement of the couple to a joint-claim jobseeker’s allowance] or the payability or amount of such an allowance; and

(b) of any such change of circumstances which he is aware is likely so to occur,

and shall do so as soon as reasonably practicable after its occurrence or, as the case may be, after he becomes so aware, by giving notice in writing (unless the Secretary of State determines in any particular case to accept notice given otherwise than in writing) to the appropriate office.

(8) Where, pursuant to paragraph (1)[F10 ,(1A)] or (2), a claimant is required to provide information he shall do so when he attends in accordance with a [F11 notification] under regulation 23 [F10 or 23A], if so required by the Secretary of State, or within such period as the Secretary of State may require.

(9) Where, pursuant to paragraph (4) or (5) [F12 or (5A)], a claimant is required to provide certificates, documents or other evidence he shall do so within seven days of being so required or such longer period as the Secretary of State may consider reasonable.

(10) Where, pursuant to paragraph (6), a claimant is required to provide a signed declaration he shall provide it on the day on which he is required to attend in accordance with a [F13 notification] under regulation 23 [F14 or 23A] or on such other day as the Secretary of State may require.

[F15 (11) In this regulation, references to the “Secretary of State" include a reference to persons designated as employment officers by an Order made by the Secretary of State under section 8(3) of the Jobseekers Act 1995. ]

Textual Amendments

F3 Reg. 24(1A) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 3(a)

F4 Words in reg. 24(3) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 3(b)

F5 Reg. 24(3A) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 3(c)

F6 Reg. 24(5A) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 3(d)

F7 Reg. 24(6)(a) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 8(2)

F8 Words in reg. 24(6)(c) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 8(3)

F9 Words in reg. 24(7)(a) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 3(e)

F10 Words in reg. 24(8) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 3(f)

F11 Word in reg. 24(8) substituted (11.9.2000) by The Jobseeker’s Allowance (Amendment) (No. 3) Regulations 2000 (S.I. 2000/2194), regs. 1, 2(3)

F12 Words in reg. 24(9) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 3(g)

F13 Word in reg. 24(10) substituted (11.9.2000) by The Jobseeker’s Allowance (Amendment) (No. 3) Regulations 2000 (S.I. 2000/2194), regs. 1, 2(3)

F14 Words in reg. 24(10) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 3(h)

F15 Reg. 24(11) added (29.11.1999) by The Social Security (Claims and Information) Regulations 1999 (S.I. 1999/3108), reg. 1, Sch. 3 para. 1(3)

Entitlement ceasing on a failure to comply

25.—(1) Subject to regulation 27, entitlement to a jobseeker’s allowance shall cease in the following circumstances—

(a) if [F16 a claimant] fails to attend on the day specified in a [F17 notification] under regulation 23 [F18 or 23A], other than a [F17 notification] requiring attendance under an employment programme or a training scheme;

(b) if–

[F19 (i) [F20 that claimant] attends on the day specified in a [F17 notification] under regulation 23 [F18 or 23A] but fails to attend at the time specified in that [F17 notification] (other than a [F17 notification] requiring attendance under an employment programme or a training scheme), and the Secretary of State has informed the claimant in writing that a failure to attend, on the next occasion on which he is required to attend, at the time specified in such a [F17 notification] may result in his entitlement to a jobseeker’s allowance ceasing, and]

(ii) he fails to attend at the time specified in such a [F17 notification] on the next occasion;

(c) if [F20 that claimant] was required to provide a signed declaration as referred to in regulation 24(6) and he fails to provide it on the day on which he ought to do so in accordance with regulation 24(10).

(2) In this regulation, “an employment programme" and “a training scheme" have the meaning given in regulation 75.

Textual Amendments

F16 Words in reg. 25(1)(a) substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 4(a)

F17 Word in reg. 25 substituted (11.9.2000) by The Jobseeker’s Allowance (Amendment) (No. 3) Regulations 2000 (S.I. 2000/2194), regs. 1, 2(4)

F18 Words in reg. 25(1)(a)(b) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 4(b)

F19 Reg. 25(1)(b)(i) substituted (25.3.1999) by The Jobseeker’s Allowance (Amendment) Regulations 1999 (S.I. 1999/530), regs. 1, 2

F20 Words in reg. 25(1)(b)(c) substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 4(c)

Time at which entitlement is to cease

26.  Entitlement to a jobseeker’s allowance shall cease in accordance with regulation 25 on whichever is the earlier of—

(a) the day after the last day in respect of which [F21 that claimant] has provided information or evidence which [F22 shows that he continues to be entitled] to a jobseeker’s allowance,

(b) if [F23 regulation 25(1)(a) or (b)] applies, the day on which he was required to attend, and

(c) if [F24 regulation 25(1)(c)] applies, the day on which he ought to have provided the signed declaration,

provided that it shall not cease earlier than the day after he last attended in compliance with a [F25 notification] under regulation 23 [F26 or 23A].

Textual Amendments

F21 Words in reg. 26(a) substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 5(a)

F22 Words in reg. 26(a) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 9

F23 Words in reg. 26(b) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 1

F24 Words in reg. 26(c) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 1

F25 Word in reg. 26 substituted (11.9.2000) by The Jobseeker’s Allowance (Amendment) (No. 3) Regulations 2000 (S.I. 2000/2194), regs. 1, 2(5)

F26 Words in reg. 26 inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 5(b)

Where entitlement is not to cease

27.—(1) Entitlement to a jobseeker’s allowance shall not cease if [F27 a claimant] shows, before the end of the fifth working day after the day on which he failed to comply with a [F28 notification] under regulation 23 [F29 or 23A] or to provide a signed declaration in accordance with regulation 24, that he had good cause for the failure.

(2) In this regulation, “working day" means any day on which the appropriate office is not closed.

Textual Amendments

F27 Words in reg. 27(1) substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 6(a)

F28 Word in reg. 27(1) substituted (11.9.2000) by The Jobseeker’s Allowance (Amendment) (No. 3) Regulations 2000 (S.I. 2000/2194), regs. 1, 2(5)

F29 Words in reg. 27(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 6(b)

Matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23

28.—(1) Subject to regulation 30, in determining, for the purposes of regulation 27, whether a claimant has good cause for failing to comply with a [F30 notification] under regulation 23 [F31 or 23A] the matters which are to be taken into account shall include the following—

(a) whether the claimant misunderstood the requirement on him due to any learning, language or literacy difficulties of the claimant or any misleading information given to the claimant by an employment officer;

(b) whether the claimant was attending a medical or dental appointment, or accompanying a person for whom the claimant has caring responsibilities to such an appointment, and whether it would have been unreasonable, in the circumstances, to rearrange the appointment;

(c) any difficulty with the claimant’s normal mode of transport and whether there was any reasonable available alternative;

(d) the established customs and practices of the religion, if any, to which the claimant belongs;

(e) whether the claimant was attending an interview for employment.

(2) In this regulation, “employment" means employed earner’s employment except in relation to a claimant to whom regulation 20(2) applies and for the duration only of any permitted period determined in his case in accordance with regulation 16, in which case, for the duration of that period, it means employed earner’s employment or self-employed earner’s employment.

Textual Amendments

F30 Word in reg. 28(1) substituted (11.9.2000) by The Jobseeker’s Allowance (Amendment) (No. 3) Regulations 2000 (S.I. 2000/2194), regs. 1, 2(5)

F31 Words in reg. 28(1) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 7

Matters to be taken into account in determining whether a claimant has good cause for failing to provide a signed declaration

29.  In determining, for the purposes of regulation 27, whether a claimant has good cause for failing to comply with a requirement to provide a signed declaration, as referred to in regulation 24(6), on the day on which he ought to do so the matters which are to be taken into account shall include the following—

(a) whether there were adverse postal conditions;

(b) whether the claimant misunderstood the requirement on him due to any learning, language or literacy difficulties of the claimant or any misleading information given to the claimant by an employment officer.

Circumstances in which a claimant is to be regarded as having good cause for failing to comply with a [F32 notification] under regulation 23 [F33 or 23A]

30.  For the purposes of regulation 27, a claimant is to be regarded as having good cause for failing to comply with a [F32 notification] under regulation 23 [F33 or 23A]—

(a) where, if regulation 5(1)[F34 (a) or (b)] applies in his case, he was required to attend at a time less than 48 hours from receipt by him of the [F32 notification];

(b) where, if regulation 5(2) applies in his case, he was required to attend at a time less than 24 hours from receipt by him of the [F32 notification];

(c) where he was, in accordance with regulation 14(1)(a)—(g), (k)—(n) or 14(2), treated as available for employment on the day on which he failed to attend;

(d) where the day on which he failed to attend falls in a week in which he was, in accordance with regulation 19(1)(p) and 19(2), treated as actively seeking employment.

Textual Amendments

F32 Word in reg. 30 substituted (11.9.2000) by The Jobseeker’s Allowance (Amendment) (No. 3) Regulations 2000 (S.I. 2000/2194), regs. 1, 2(5)

F33 Words in reg. 30 inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 8

F34 Word in reg. 30(a) inserted (1.1.2003) by The Jobseeker’s Allowance (Amendment) Regulations 2002 (S.I. 2002/3072), regs. 1(b), 6