The Universal Credit and Jobseeker’s Allowance (Work Search and Work Availability Requirements - limitations) (Amendment) Regulations 2022

Statutory Instruments

2022 No. 108

Social Security

The Universal Credit and Jobseeker’s Allowance (Work Search and Work Availability Requirements - limitations) (Amendment) Regulations 2022

Made

at 10.35 a.m. on 7th February 2022

Laid before Parliament

at 4.00 p.m. on 7th February 2022

Coming into force

8th February 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 6D(4), 6E(3), 35 and 36(2) and (4) of the Jobseekers Act 1995(1) and sections 17(4), 18(3) and 42(1) to (3) of the Welfare Reform Act 2012(2).

In accordance with section 173(1)(a) of the Social Security Administration Act 1992(3), it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Universal Credit and Jobseeker’s Allowance (Work Search and Work Availability Requirements - limitations) (Amendment) Regulations 2022 and come into force on 8th February 2022.

(2) Any amendment made by these Regulations has the same extent as the provision amended.

Amendment of the Universal Credit Regulations 2013

2.  In regulation 97(5) of the Universal Credit Regulations 2013 (work search requirement and work availability requirement - limitations)(4), for “3 months” substitute “4 weeks”.

Amendment of the Jobseeker’s Allowance Regulations 2013

3.  In regulation 14(3)(b) of the Jobseeker’s Allowance Regulations 2013 (work search requirement and work availability requirement - limitations)(5), for “three months” substitute “4 weeks”.

Transitional provision

4.  Where, on the date that these Regulations come into force, a work search requirement or work availability requirement is limited under regulation 97(4) of the Universal Credit Regulations 2013 or regulation 14(3) of the Jobseeker’s Allowance Regulations 2013, the limitation is to end on—

(a) the day before the day on which the limitation no longer applies; or

(b) if earlier, 7th March 2022.

Thérèse Coffey

Secretary of State

Department for Work and Pensions

At 10.35 a.m. on 7th February 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 97(5) of the Universal Credit Regulations 2013 (S.I. 2013/376) and regulation 14(3)(b) of the Jobseeker’s Allowance Regulations 2013 (S.I. 2013/378).

Regulation 97(4) and (5) of the Universal Credit Regulations 2013 and regulation 14(3) of the Jobseeker’s Allowance Regulations 2013 apply where a claimant has previously carried out work of a particular nature, or at a particular level of remuneration. In such cases, the Secretary of State is required to limit work search and work availability requirements to work of a similar nature or level of remuneration, provided the Secretary of State is satisfied that the claimant will have reasonable prospects of obtaining paid work in spite of the limitation. The limitation is for such period as the Secretary of State thinks appropriate up to a maximum of 3 months. These Regulations amend the maximum period of the limitation to 4 weeks.

Regulation 4 of these Regulations includes a transitional provision so that any limitation that applies on the date that these Regulations come into force will end either on the day before the day that the limitation no longer applies or, if earlier, 7th March 2022.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.

(1)

1995 c. 18. Section 35 is cited for the meaning of “regulations”.

(2)

2012 c. 5.

(3)

1992 c. 5.

(4)

S.I. 2013/376.

(5)

S.I. 2013/378.