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The Jobseeker’s Allowance Regulations 1996

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Chapter IV Attendance, Information and Evidence

Attendance

[F123.  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

[F2Attendance 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

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 [F9or, 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 [F10of the change to an office of the Department for Work and Pensions specified by the Secretary of State—

(i)in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or

(ii)in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing)].

(8) Where, pursuant to paragraph (1)[F11,(1A)] or (2), a claimant is required to provide information he shall do so when he attends in accordance with a [F12notification] under regulation 23 [F11or 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)F13..., 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.

[F14(9A) Where, pursuant to paragraph (5) or (5A), a claimant is required to provide certificates, documents or other evidence, he shall do so within the period applicable under regulation 17(4) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999.]

(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 [F15notification] under regulation 23 [F16or 23A] or on such other day as the Secretary of State may require.

[F17(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

[F18Alternative means of notifying changes of circumstances

24A.—(1) In such cases and subject to such conditions as the Secretary of State may specify, the duty in regulation 24(7) to notify a change of circumstances may be discharged by notifying the Secretary of State as soon as reasonably practicable—

(a)where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or

(b)where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

(2) In this regulation “relevant authority” has the same meaning as in the Housing Benefit Regulations 2006 and the Council Tax Benefit Regulations 2006.]

Textual Amendments

[F19Information given electronically

24B.—(1) A person may give any certificate, notice, information or evidence required to be given and in particular may give notice of a change of circumstances required to be notified under regulation 24 by means of an electronic communication, in accordance with the provisions set out in Schedule 9ZC to the Claims and Payments Regulations.

(2) In this regulation, “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000.]

Textual Amendments

Entitlement ceasing on a failure to comply

25.—(1) [F20Entitlement] to a jobseeker’s allowance shall cease in the following circumstances—

[F21(a)if a claimant fails to attend on the day specified in a relevant notification, and fails to make contact with an employment officer in the manner set out in that notification before the end of the period of five working days beginning with the first working day after the day on which the claimant failed to attend;]

(b)if–

[F22(i)[F23that claimant] attends on the day specified in a [F24relevant notification] but fails to attend at the time specified in that [F25notification] F26..., 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 [F25notification] may result in his entitlement to a jobseeker’s allowance ceasing [F27or the benefit not being payable for a period], and]

(ii)he fails to attend at the time specified in such a [F25notification] on the next occasion; [F28and]

[F29(iii)that claimant fails to make contact with an employment officer in the manner set out in such a notification before the end of the period of five working days beginning with the first working day after the day on which that claimant failed to attend at the time specified;]

(c)[F30subject to regulation 27,] if [F23that 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).

[F31(1A) In this regulation and in regulations 27A, 28 and 30—

“relevant notification” means a notification under regulation 23 or 23A, other than a notification requiring attendance under an employment programme or a training scheme[F32, under the Employment, Skills and Enterprise Scheme] [F33or under the Mandatory Work Activity Scheme];

“working day” means any day on which the appropriate office is not closed.]

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

Textual Amendments

Modifications etc. (not altering text)

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 [F34that claimant] has provided information or evidence which [F35shows that he continues to be entitled] to a jobseeker’s allowance,

(b)if [F36regulation 25(1)(a) or (b)] applies, the day on which he was required to attend, and

(c)if [F37regulation 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 [F38notification] under regulation 23 [F39or 23A].

Textual Amendments

[F40Where entitlement is not to cease under regulation 25(1)(c)

27.  Entitlement to a jobseeker’s allowance is not to cease by virtue of regulation 25(1)(c) if, before the end of the period of five working days beginning with the first working day after the day on which a claimant (“C”) failed to provide a signed declaration in accordance with regulation 24(10), C makes contact with an employment officer in the manner set out in a notification under regulation 23 or 23A and shows that C had good cause for the failure.]

Textual Amendments

[F40Circumstances in which an allowance is not to be payable

27A.—(1) A jobseeker’s allowance is not to be payable for the period prescribed in regulation 27B if either the first or the second condition is satisfied.

(2) The first condition is satisfied if a claimant (“C”)—

(a)fails to attend on the day specified in a relevant notification;

(b)makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days beginning with the first working day after the day on which C failed to attend on the day specified; and

(c)fails to show good cause for that failure to attend.

(3) The second condition is satisfied if—

(a)C attends on the day specified in a relevant notification, but fails to attend at the time specified in that notification;

(b)the Secretary of State has informed C in writing that a failure to attend, on the next occasion on which C is required to attend, at the time specified in a relevant notification, may result in C’s entitlement to a jobseeker’s allowance ceasing or the benefit not being payable for a period;

(c)C fails to attend at the time specified in a relevant notification on the next occasion;

(d)C makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days beginning with the first working day after the day on which C failed to attend at the time specified; and

(e)C fails to show good cause for that failure to attend.]

Textual Amendments

[F40Prescribed period for the purposes of regulation 27A

27B.—(1) The period prescribed for the purposes of regulation 27A is—

(a)one week on the first occasion on which a jobseeker’s allowance is determined not to be payable to the claimant by virtue of regulation 27A;

(b)two weeks on the second and each subsequent occasion during the same jobseeking period on which a jobseeker’s allowance is determined not to be payable to the claimant by virtue of regulation 27A.

(2) The period begins—

(a)where, in accordance with regulation 26A(1) of the Claims and Payments Regulations, a jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last week in respect of which that allowance was paid; and

(b)in any other case, on the first day of the week following the date on which a jobseeker’s allowance is determined not to be payable.]

Textual Amendments

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 [F4127A], whether a claimant has good cause for failing to comply with a [F42relevant notification] 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

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 [F43notification] under regulation 23 [F44or 23A]

30.  For the purposes of regulation [F4527A], a claimant is to be regarded as having good cause for failing to comply with a [F46relevant notification]—

(a)where, if regulation 5(1)F47... [F48(b)] applies in his case, he was required to attend at a time less than 48 hours from receipt by him of the [F43notification];

[F49(aa)where, if regulation 5(1A) applies in his case, he was required to attend on a date less than 7 days from receipt by him of the 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 [F43notification];

(c)where he was, in accordance with regulation 14(1)(a)—(g), (k)—(n), [F50(r) to (u) or 14(2) or (2ZA)], 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

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