Jobseekers Act 1995

Yn ddilys o 07/10/1996

The Social Work (Scotland) Act 1968 (c. 49)E+W+S

1E+W+SIn section 78(2A) of the Social Work (Scotland) Act 1968 (relief from payment of contributions in respect of children subject to supervision requirements etc.), after “income support" insert “, an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)".

Yn ddilys o 07/10/1996

The Education Act 1980 (c. 20)E+W+S

3In section 22(3) of the Education Act 1980 (school meals), after “income support" insert “or of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)" and for “it" substitute “that benefit".

Yn ddilys o 07/10/1996

The Magistrates’ Courts Act 1980 (c. 43)E+W+S

4In Part I of Schedule 6 to the Magistrates’ Courts Act 1980 (fees to be taken by clerks to justices), in paragraph (a) of the Note at the end, after “1992" insert “or of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)".

Yn ddilys o 07/10/1996

The Education (Scotland) Act 1980 (c. 44)E+W+S

5E+W+SIn section 53(3) of the Education (Scotland) Act 1980 (school meals), after “income support" insert “or of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)" and for “it" substitute “that benefit".

Yn ddilys o 07/10/1996

The Administration of Justice Act 1982 (c. 53)E+W+S

6E+W+SIn section 10 of the Administration of Justice Act 1982 (assessment of damages for personal injuries), in paragraph (ii), for “unemployment benefit" substitute “ contribution-based jobseeker’s allowance (payable under the Jobseekers Act 1995). ”

Yn ddilys o 07/10/1996

The Transport Act 1982 (c. 49)E+W+S

7E+W+SIn section 70(2)(b) of the Transport Act 1982 (payments in relation to exemption from wearing seat belts), after “income support" insert “ or an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995) ”

Yn ddilys o 07/10/1996

The Bankruptcy (Scotland) Act 1985 (c. 66)E+W+S

8E+W+SIn section 31(8) of the Bankruptcy (Scotland) Act 1985 (definition of “whole estate of the debtor"), for “section 89(2)" substitute “ sections 71(10B), 78(3B) and 89(2). ”

Yn ddilys o 07/10/1996

The Legal Aid (Scotland) Act 1986 (c.47)E+W+S

9(1)The Legal Aid (Scotland) Act 1986 is amended as follows.

(2)In section 8(b) (availability of advice and assistance), after “income support" insert “ , an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995) ”.

(3)In section 11(2)(b) (contributions in respect of advice and assistance), after “income support" insert “ , an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995) ” .

Yn ddilys o 02/09/1996

The Income and Corporation Taxes Act 1988 (c. 1)U.K.

12After section 151, insert—

“151A Jobseeker’s allowance.

“151A(1)Subject to the following provisions of this section, payments to any person of a jobseeker’s allowance in respect of any period shall be charged to income tax under Schedule E.

(2)Where the amount of a jobseeker’s allowance paid to any person in respect of any week or part of a week exceeds the taxable maximum for that period as defined below, the excess shall not be taxable.

(3)For the purposes of subsection (2) above, the taxable maximum in respect of a week shall be determined in accordance with subsections (4) to (8) below and the taxable maximum in respect of part of a week shall be equal to one-seventh of the taxable maximum in respect of a week multiplied by the number of days in the part.

(4)Where an income-based jobseeker’s allowance is paid to one of a married or unmarried couple, in a case which does not fall within subsection (8) below, the taxable maximum in respect of a week shall be equal to the portion of the applicable amount which is included in respect of them for that week.

(5)Where a contribution-based jobseeker’s allowance is paid to a person (“the claimant") who is a member of a married or unmarried couple, the taxable maximum in respect of a week shall be equal to the portion of the applicable amount which would be included in respect of them if an income-based jobseeker’s allowance was payable to the claimant for that week.

(6)Where an income-based jobseeker’s allowance is paid to a person who is not a member of a married or unmarried couple, the taxable maximum in respect of a week shall be equal to the age-related amount which would be applicable to him if a contribution-based jobseeker’s allowance was payable to him for that week.

(7)Where a contribution-based jobseeker’s allowance is paid to a person who is not a member of a married or unmarried couple, the taxable maximum in respect of a week shall be equal to the age-related amount which is applicable to him for that week.

(8)Where an income-based jobseeker’s allowance is paid to a person (“the claimant”) who is a member of a married or unmarried couple, the other member of which is prevented by section 14 of the Jobseekers Act 1995 (trade disputes) or any corresponding enactment in Northern Ireland from being entitled to a jobseeker’s allowance, the taxable maximum in respect of a week shall be equal to half the portion of the applicable amount which is included in respect of them for that week.

(9)In this section—

• “age-related amount” and “applicable amount” mean the amounts determined as such in accordance with regulations made under section 4 of the Jobseekers Act 1995 or, for Northern Ireland, regulations made under any corresponding enactment in Northern Ireland; and

• “contribution-based jobseeker’s allowance”, “income-based jobseeker’s allowance”, “married couple” and “unmarried couple” have the same meanings as in the Jobseekers Act 1995 or, for Northern Ireland, the same meanings as in any corresponding enactment in Northern Ireland.”

14(1)Section 204 (PAYE repayments) is amended as follows.

(2)After paragraph (a) insert—

“(aa)he has claimed a jobseeker’s allowance in respect of a period including that time; or”.

(3)After paragraph (c) insert— “ or

(d)he is prevented at the time from being entitled to a jobseeker’s allowance by section 14 of the Jobseekers Act 1995 (trade disputes) or any corresponding enactment in Northern Ireland or would be so prevented if he otherwise satisfied the conditions for entitlement;”.

(4)After “paragraph (c)" insert “or (d)".

Yn ddilys o 07/10/1996

The Education Reform Act 1988 (c. 40)E+W+S

17In section 110(3)(b) of the Education Reform Act 1988 (charges and remissions: parents receiving benefit), after “family credit" insert “or an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)".

Yn ddilys o 07/10/1996

The Children Act 1989 (c. 41)E+W+S

19(1)The Children Act 1989 is amended as follows.

(2)In section 17(9) (person receiving benefit not to be liable to repay assistance), add at the end “or of an income-based jobseeker’s allowance".

(3)In section 29(3) (person receiving benefit not to be liable to pay charges), add at the end “or of an income-based jobseeker’s allowance".

(4)In section 105 (interpretation), after the definition of “ill-treatment" insert—

““income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”.

(5)In paragraph 21(4) of Schedule 2 (person receiving benefit not to be liable to pay contributions), add at the end “or of an income-based jobseeker’s allowance".

Yn ddilys o 07/10/1996

The Child Support Act 1991 (c. 48)E+W+S

20(1)The Child Support Act 1991 is amended as follows.

(2)In section 6(1) (applications by those receiving benefit), after “income support," insert “an income-based jobseeker’s allowance,".

(3)In section 14(2) (use by Secretary of State of information acquired under other enactments), after “benefit Acts" insert “or the Jobseekers Act 1995".

(4)In section 46(11) (definitions), in the definition of “relevant benefit", after “income support," insert “an income-based jobseeker’s allowance,".

(5)In section 47(3) (regulations about fees), after “income support," insert “an income-based jobseeker’s allowance,".

(6)In section 54 (interpretation), after the definition of “income support" insert—

““income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”.

(7)In paragraph 5(4) of Schedule 1 (assessable income), after “income support" insert “, an income-based jobseeker’s allowance".

Yn ddilys o 07/10/1996

22E+W+SIn section 22 of the Benefits Act (earnings factors), in subsections (2)(a) and (5), after “entitlement to" insert, in each case, “a contribution-based jobseeker’s allowance or to".

Yn ddilys o 07/10/1996

23E+W+SIn section 61 of the Benefits Act (exclusion of increase of benefit for failure to satisfy contribution condition), for subsection (2) substitute—

“(2)Where a person is entitled to short-term incapacity benefit at a rate determined under section 30B(3) above and the retirement pension by reference to which the rate of the benefit is determined—

(a)would have been payable only by virtue of section 60 above, and

(b)would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension,

the benefit shall not be increased under section 47(1) above or under Part IV below on account of a child or an adult”.

Yn ddilys o 07/10/1996

24In section 82 of the Benefits Act (short-term benefit: increase for adult dependants), for subsection (2) substitute-

“(2)Subject, in particular, to subsection (5) and section 87 below, the weekly rate of a maternity allowance shall be increased by the amount specified in relation to that benefit in Schedule 4, Part IV, column (3) (“the amount of the relevant increase") for any period to which this subsection applies by virtue of subsection (3) or (4) below.”

Yn ddilys o 07/10/1996

25In section 84 of the Benefits Act (pension increase for dependent husband), for subsection (1)(a) substitute—

“(a)which began immediately on the termination of a period for which the pensioner was entitled to an increase in incapacity benefit by virtue of any provision of regulations under section 86A below prescribed for the purposes of this paragraph, and”.

Yn ddilys o 07/10/1996

26E+W+SIn section 87 of the Benefits Act (rate of increase where associated retirement pension is attributable to reduced contributions), for subsection (1)(a) substitute—

“(a)is entitled to short-term incapacity benefit under section 30A(2)(b) above; and”.

Yn ddilys o 07/10/1996

27E+W+SIn section 91 of the Benefits Act (effect of trade disputes on entitlement to dependency increases), for subsection (2) substitute—

“(2)A person falls within this subsection if—

(a)he is prevented from being entitled to a jobseeker’s allowance by section 14 of the Jobseekers Act 1995 (trade disputes); or

(b)he would be so prevented if he were otherwise entitled to that benefit.”

Yn ddilys o 07/10/1996

28U.K.In section 116 (application to Her Majesty’s forces), in subsection (2), for the words following “provide" substitute- “, in the case of persons who are employed earners in respect of their membership of those forces, for reducing the rate of the contributions payable in respect of their employment and for determining—

(a)the amounts payable on account of those contributions by the Secretary of State and the time and manner of payment, and

(b)the deduction (if any) to be made on account of those contributions from the pay of those persons.”

Yn ddilys o 07/10/1996

29E+W+SIn section 122(1) of the Benefits Act (interpretation of Parts I to VI of that Act), after the definition of “contract of service" insert—

““contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”

Yn ddilys o 07/10/1996

31E+W+SIn section 126 of the Benefits Act (income support: trade disputes)—

(a)in subsection (1)(a), for “is disqualified under section 27 above for receiving unemployment benefit" substitute “is prevented from being entitled to a jobseeker’s allowance by section 14 of the Jobseekers Act 1995 (trade disputes)"; and

(b)in subsection (1)(b), for “disqualified" substitute “prevented".

Yn ddilys o 07/10/1996

32E+W+SIn section 127 of the Benefits Act (effect of return to work), for “disqualified for receiving unemployment benefit" substitute “prevented from being entitled to a jobseeker’s allowance".

Yn ddilys o 07/10/1996

33In section 128 of the Benefits Act (family credit), in subsection (4)(b), after “income support" insert “, an income-based jobseeker’s allowance".

Yn ddilys o 07/10/1996

34In section 129 of the Benefits Act (disability working allowance), in subsections (2)(a)(iii) and (7)(b), in each case after “income support" insert “, an income-based jobseeker’s allowance".

Yn ddilys o 07/10/1996

35(1)Section 137 of the Benefits Act (interpretation of Part VII and supplementary provisions) is amended as follows.E+W+S

(2)In subsection (1), after the definition of “family" insert—

““income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”.

(3)In subsection (2), for paragraph (d) substitute—

“(d)as to circumstances in which a person is or is not to be treated as engaged or normally engaged in remunerative work;”.

Yn ddilys o 07/10/1996

36(1)Schedule 7 to the Benefits Act (industrial injuries benefits) is amended as follows.E+W+S

(2)In paragraph 3(10), for “it has for the purposes of unemployment benefit" substitute “a jobseeking period and any period linked to such a period has for the purposes of the Jobseekers Act 1995.".

(3)For paragraph 13(10) substitute—

“(10)“Day of interruption of employment” means a day which forms part of—

(a)a jobseeking period (as defined by the Jobseekers Act 1995), or

(b)a linked period (as defined by that Act).”.

Yn ddilys o 07/10/1996

37E+W+SIn Schedule 13 to the Benefits Act (relationship of statutory maternity pay with benefits and other payments), for paragraph 1 substitute—

“1Except as may be prescribed, a day which falls within the maternity pay period shall not be treated as a day of incapacity for work for the purposes of determining, for this Act, whether it forms part of a period of incapacity for work for the purposes of incapacity benefit.”.

Yn ddilys o 07/10/1996

43In section 25 of the Administration Act (review of decisions), in subsection (1)(e), for “25A(4) or (5) of the Contributions and Benefits Act" substitute “ 6(6) or 7(7) of the Jobseekers Act 1995".

Yn ddilys o 07/10/1996

48E+W+SIn section 71 of the Administration Act (recovery of overpayments), in subsection (11), after paragraph (a) insert—

“(aa)subject to section 71A below, a jobseeker’s allowance;”.

Yn ddilys o 07/10/1996

65E+W+SIn section 164(1) of the Administration Act (destination of repayments), after “Subject to" insert “section 38 of the Jobseekers Act 1995 and to".