The Jobseeker’s Allowance Regulations 1996

PART XIII MISCELLANEOUS

Recovery of Maintenance

Recovery orders

169.—(1) Where an award of income-based jobseeker’s allowance has been made to a person (“the claimant"), the Secretary of State may apply to the court for a recovery order against the claimant’s spouse (“the liable person").

(2) On making a recovery order the court may order the liable person to pay such amount at such intervals as it considers appropriate, having regard to all the circumstances of the liable person and in particular his income.

(3) Except in Scotland, a recovery order shall be treated for all purposes as if it were a maintenance order within the meaning of section 150(1) of the Magistrates Courts Act 1980 F1 .

(4) Where a recovery order requires the liable person to make payments to the Secretary of State, the Secretary of State may, by giving notice in writing to the court which made the order, the liable person, and the claimant, transfer to the claimant the right to receive payments under the order and to exercise the relevant rights in relation to the order.

(5) In this regulation–

the expressions “the court" and “recovery order" have the same meanings as in section 23 of the Act; and

“the relevant rights" means, in relation to a recovery order, the right to bring any proceedings, take any steps or do any other thing under or in relation to the order.

Textual Amendments

F1 1980 c.43.

Training Allowance

Persons in receipt of a training allowance

170.—(1) A person who is in receipt of a training allowance and who is not receiving training falling within paragraph (2) may be entitled to an income-based jobseeker’s allowance without—

(a) being available for employment;

(b) having entered into a jobseeker’s agreement; or

(c) actively seeking employment.

(2) Training falls within this paragraph if it is training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in England and Wales directly or indirectly by a Training and Enterprise Council pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Agreement or by any other name) and, in Scotland, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).

Trade Disputes

Trade disputes: exemptions from section 15 of the Act

171.  Section 15(2) (trade disputes: effect on other claimants) shall not apply to a claimant during any period where—

(a) a member of the claimant’s family is, or would be, prevented by section 14 from being entitled to a jobseeker’s allowance; and

(b) that member is–

(i) a child or young person; or

(ii) [F2 incapable of work] or within the maternity period, and for this purpose “the maternity period" means the period commencing at the beginning of the 6th week before the expected week of confinement and ending at the end of the 7th week after the week in which confinement takes place.

Textual Amendments

F2 Words in reg. 171(b)(ii) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

Trade disputes: prescribed sum

172.  The prescribed sum for the purposes of section 15(2)(d) is [F3 £26.50.]

Textual Amendments

F3 Sum in Reg. 172 substituted (with effect in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 1997 (S.I. 1997/543), arts. 1(2)(j), 25