The Jobseeker’s Allowance Regulations 1996

Chapter IV Attendance, Information and Evidence

Attendance

[F1 23.   A claimant shall [F2 participate in an interview in such manner, time and place] 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 Words in reg. 23 substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(4)

[F3 Attendance by members of a joint-claim couple

23A.   Each member of a joint-claim couple shall [F4 participate in an interview in such manner, time and place] 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

F3 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

F4 Words in reg. 23A substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(4)

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.

[F5 (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[F6 , and in this paragraph “couple” does not include a joint-claim couple].

[F7 (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.

[F8 (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—

[F9 (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 F10 ... 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 [F11 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 [F12 of 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)[F13 ,(1A)] or (2), a claimant is required to provide information he shall do so [F14 at the time he is required to participate in an interview] in accordance with a [F15 notification] under regulation 23 [F13 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)F16 ..., 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.

[F17 (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 [F18 at the time he is required to participate in an interview] in accordance with a [F19 notification] under regulation 23 [F20 or 23A] or on such other day as the Secretary of State may require.

[F21 (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

F5 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)

F6 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)

F7 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)

F8 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)

F9 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)

F10 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)

F11 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)

F12 Words in reg. 24(7) substituted (10.4.2006) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2006 (S.I. 2006/832), regs. 1(2), 4

F13 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)

F14 Words in reg. 24(8) substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(5)(a)

F15 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)

F16 Words in reg. 24(9) omitted (17.4.2012) by virtue of The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 3(a)

F17 Reg. 24(9A) inserted (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 3(b)

F18 Words in reg. 24(10) substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(5)(b)

F19 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)

F20 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)

F21 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)

[F22 Alternative 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 2006F23 ....]

Textual Amendments

F22 Reg. 24A inserted (5.4.2010) by The Social Security (Notification of Changes of Circumstances) Regulations 2010 (S.I. 2010/444), regs. 1, 3

F23 Words in reg. 24A(2) revoked (1.4.2013) by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 (S.I. 2013/458), reg. 1, Sch. 1

[F24 Information 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

F24 Reg. 24B inserted (20.6.2011) by The Social Security (Electronic Communications) Order 2011 (S.I. 2011/1498), arts. 1(1), 3(3)

Entitlement ceasing on a failure to comply

25.—(1)  [F25 Entitlement] to a jobseeker’s allowance shall cease in the following circumstances—

[F26 (a) if a claimant fails to [F27 participate in an interview] 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–

[F28 (i) [F29 that claimant makes contact with an employment officer on the day specified in the relevant notification but fails to participate in an interview at the time specified in that notification, and the Secretary of State has informed that claimant in writing that a failure to participate in an interview, on the next occasion on which he is required to participate in an interview] at the time specified in such a [F30 notification] may result in his entitlement to a jobseeker’s allowance ceasing [F31 or the benefit not being payable for a period], and]

(ii) he fails to [F32 participate] at the time specified in such a [F30 notification] on the next occasion; [F33 and]

[F34 (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 [F35 participate] at the time specified;]

(c) [F36 subject to regulation 27,] if [F37 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).

[F38 (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 [F39 , under a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013] [F40 , under the Employment, Skills and Enterprise Scheme] [F41 or 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

F25 Word in reg. 25(1) substituted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(a)

F26 Reg. 25(1)(a) substituted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(b)

F27 Words in reg. 25(1)(a) substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(3)(a)

F28 Reg. 25(1)(b)(i) substituted (25.3.1999) by The Jobseeker’s Allowance (Amendment) Regulations 1999 (S.I. 1999/530), regs. 1, 2

F29 Words in reg. 25(1)(b)(i) substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(3)(b)

F30 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)

F31 Words in reg. 25(1)(b)(i) inserted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(c)(iii)

F32 Word in reg. 25(1)(b)(ii) substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(3)(c)

F33 Word in reg. 25(1)(b)(ii) inserted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(d)

F34 Reg. 25(1)(b)(iii) added (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(e)

F35 Word in reg. 25(1)(b)(iii) substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(3)(c)

F36 Words in reg. 25(1)(c) inserted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(f)

F37 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)

F38 Reg. 25(1A) inserted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(g)

F39 Words in reg. 25(1A) inserted (12.2.2013 at 6.45pm) by The Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 (S.I. 2013/276), regs. 1, 14(b)

F40 Words in reg. 25(1A) inserted (20.5.2011) by The Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 (S.I. 2011/917), regs. 1, 16(a)

F41 Words in reg. 25(1A) inserted (25.4.2011) by The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 (S.I. 2011/688), regs. 1, 16(a)

Modifications etc. (not altering text)

C1 Reg. 25(1A) modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 18(a)

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 [F42 that claimant] has provided information or evidence which [F43 shows that he continues to be entitled] to a jobseeker’s allowance,

(b) if [F44 regulation 25(1)(a) or (b)] applies, the day on which he was required to [F45 participate in an interview], and

(c) if [F46 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 [F47 participated in an interview] in compliance with a [F48 notification] under regulation 23 [F49 or 23A].

Textual Amendments

F42 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)

F43 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

F44 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

F45 Words in reg. 26(b) substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(4)(a)

F46 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

F47 Words in reg. 26 substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(4)(b)

F48 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)

F49 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)

[F50 Where 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 [F51 a good reason] for the failure.]

Textual Amendments

F50 Regs. 27-27B substituted for reg. 27 (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(4)

F51 Words in reg. 27 substituted (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(6)

Circumstances in which an allowance is not to be payable

F52 27A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 Regs. 27A-30 revoked (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(7)

Prescribed period for the purposes of regulation 27A

F52 27B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 Regs. 27A-30 revoked (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(7)

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

F52 28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 Regs. 27A-30 revoked (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(7)

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

F52 29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 Regs. 27A-30 revoked (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(7)

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

F52 30.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52 Regs. 27A-30 revoked (22.10.2012) by The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 (S.I. 2012/2568), regs. 1(1), 5(7)