Jobseekers Act 1995

Section 41(4).

SCHEDULE 2U.K. Consequential Amendments

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)".

The Employment Protection (Consolidation) Act 1978 (c. 44)E+W+S

F12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F23E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

4E+W+SF3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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".

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). ”

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) ”

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

F48E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

9E+W+SF5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47)E+W+S

10E+W+SParagraph 7A of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (recovery of outstanding community charge by deduction from income support) shall, so far as it continues to have effect by virtue of Article 2 of the M1Local Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993, apply as if there were inserted at the end—

“(3)This paragraph applies to a jobseeker’s allowance as it applies to income support.”

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

11U.K.The Income and Corporation Taxes Act 1988 is amended as follows.

12U.K.F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13U.K.F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14U.K.F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15U.K.F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16U.K.F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F1117E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Finance Act 1988 (c. 41)E+W+S

18E+W+SIn paragraph 6 of Schedule 4 to the Local Government Finance Act 1988 (recovery of outstanding community charge by deduction from income support), insert at the end—

“(3)This paragraph applies to a jobseeker’s allowance as it applies to income support.”

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

19(1)The Children Act 1989 is amended as follows.E+W+S

(2)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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".

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

20(1)The Child Support Act 1991 is amended as follows.E+W+S

[F13(2)In section 6(1) (applications by those receiving benefit), after “income support," insert “an income-based jobseeker’s allowance,".]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(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;”.

[F13(7)In paragraph 5(4) of Schedule 1 (assessable income), after “income support" insert “, an income-based jobseeker’s allowance".]

The Criminal Justice Act 1991 (c. 53)E+W+S

21(1)Section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support) is amended as follows.E+W+S

(2)In subsection (1), before paragraph (a), after “income support" insert “or a jobseeker’s allowance".

(3)In subsection (1)(a), for “income support" substitute “that benefit".

(4)In subsection (2)(d), after “income support" insert “or a jobseeker’s allowance".

The Social Security Contributions and Benefits Act 1992 (c.4)U.K.

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".

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”.

24E+W+SF14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25E+W+SF15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”.

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.”

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.”

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;”

30(1)Section 124 of the Benefits Act (entitlement to income support) is amended as follows.E+W+S

(2)For subsection (1)(a) substitute-

“(a)he is of or over the age of 16;”.

(3)Omit “and" at the end of subsection (1)(c).

(4)For subsection (1)(d) substitute—

“(d)except in such circumstances as may be prescribed, he is not receiving relevant education;”.

(5)In subsection (1), after paragraph (d) insert—

“(e)he falls within a prescribed category of person; and

(f)he is not entitled to a jobseeker’s allowance and, if he is a member of a married or unmarried couple, the other member of the couple is not entitled to an income-based jobseeker’s allowance.”

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".

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".

33E+W+SF16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34E+W+SF17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;”.

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).”.

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.”.

The Social Security Administration Act 1992 (c.5)U.K.

38E+W+SIn section 1 of the Administration Act (entitlement to benefit dependent on claim), in the definition of “benefit” in subsection (4), after “Benefits Act;" insert—

“(aa)a jobseeker’s allowance;”.

39E+W+SIn section 5 of the Administration Act (claims and payments regulations), in subsection (2) after paragraph (a) insert—

“(aa)a jobseeker’s allowance;”.

40(1)Section 15A of the Administration Act (payment out of benefit of sums in respect of mortgage interest etc.) is amended as follows.E+W+S

(2)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In the definition of “qualifying associate", in subsection (4)—

(a)after “support" insert “or an income-based jobseeker’s allowance"; and

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2141U.K.In section 17(1) of the Administration Act (questions for adjudication by the Secretary of State), omit “and" at the end of paragraph (g) and after paragraph (h) insert— “; and

(i)any question arising under section 27 of the Jobseekers Act 1995, or under any provision of regulations under that section, as to—

(i)whether a person is, or was, an employee or employer of another;

(ii)whether an employer is entitled to make any deduction from his contributions payments in accordance with regulations under section 27 of that Act;

(iii)whether a payment falls to be made to an employer in accordance with those regulations;

(iv)the amount that falls to be so deducted or paid; or

(v)whether two or more employers are, by virtue of regulations under section 27 of that Act, to be treated as one.”]

[F2242(1)Section 20 of the Administration Act (claims and questions to be submitted to adjudication officer) is amended as follows.E+W+S

(2)In subsection (1), omit “and" at the end of paragraph (b) and after paragraph (c) insert— “; and

(d)any question whether a jobseeker’s allowance is not payable to a person by virtue of section 19 of the Jobseekers Act 1995.”

(3)In subsection (2), after “which", insert— “ —

(a)may be determined by an adjudication officer under section 9(6) or 10(5) of the Jobseekers Act 1995; or

(b)”.

(4)In subsection (6), after paragraph (a) insert—

“(aa)a jobseeker’s allowance;”].

[F2343E+W+SIn 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".]

• In section 58 of the Administration Act (determination of questions and matters arising out of, or pending, reviews and appeals)—

  (a)

  in subsection (1), after “Benefits Act" insert “, the Jobseekers Act 1995"; and

  (b)

  in subsection (4), after “unemployment benefit" insert “or a jobseeker’s allowance".]

[F2545E+W+SIn section 61 of the Administration Act (supplementary matters relating to determinations), in subsection (4), after paragraph (a) insert—

“(aa)to a jobseeker’s allowance;”].

[F2646E+W+SIn section 68 of the Administration Act (restrictions on entitlement to benefit in certain cases of error), in the definition of “benefit” in subsection (4), after “Act;" insert—

“(aa)a jobseeker’s allowance;”].

[F2747E+W+SIn section 70 of the Administration Act (correction of errors and setting aside of decisions), in subsection (3), omit “or" at the end of paragraph (i) and after paragraph (j) insert— “; or

(l)the Jobseekers Act 1995.”].

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;”.

49(1)Section 73 of the Administration Act (adjustment of benefits) is amended as follows.E+W+S

(2)In subsection (1)—

(a)after “Act" insert “, or a contribution-based jobseeker’s allowance,"; and

(b)for “its receipt" substitute “receipt of that benefit".

(3)For subsection (4) substitute—

“(4)Regulations may provide for adjusting—

(a)benefit as defined in section 122 of the Contributions and Benefits Act; or

(b)a contribution-based jobseeker’s allowance,

payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.”.

50E+W+SIn section 74 (recovery and abatement of income support), in subsections (1), (2) and (3) after “support" insert, in each place, “or an income-based jobseeker’s allowance".

51E+W+SIn section 78 of the Administration Act (recovery of social fund awards), in subsection (6)(d), after “support" insert “or an income-based jobseeker’s allowance".

F2852E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53(1)Section 105 of the Administration Act (failure to maintain) is amended as follows.E+W+S

(2)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (3), at the beginning insert “Subject to subsection (4) below,".

(4)After subsection (3) insert—

“(4)For the purposes of this section, in its application to an income-based jobseeker’s allowance, a person is liable to maintain another if that other person is his or her spouse.”

F3054E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55E+W+SIn section 115 of the Administration Act (offences by bodies corporate), in subsection (1), after “Act" insert “, or under the Jobseekers Act 1995,".

56(1)Section 116 of the Administration Act (legal proceedings) is amended as follows.E+W+S

(2)In subsection (1), after “Act" insert “or the Jobseekers Act 1995".

(3)In subsection (2)(a), after “council tax benefit" insert “, or for an offence under the Jobseekers Act 1995,".

(4)In subsection (7)(a), after “this Act" insert “or the Jobseekers Act 1995".

[F3157E+W+SIn section 117 of the Administration Act (questions arising in proceedings), in subsection (1)(a), after “Act" insert “or the Jobseekers Act 1995".]

F3258E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59E+W+SIn section 124 of the Administration Act (provisions relating to age, death and marriage), in subsection (1), after “applies;" insert—

“(aa)of the provisions of Parts I and II of the Jobseekers Act 1995;”.

60E+W+SIn section 125 of the Administration Act (notifications of deaths), in subsection (1)—

(a)after “Benefits Act" insert “, the Jobseekers Act 1995"; and

(b)for “either of them" substitute “any of those Acts".

61E+W+SIn section 126 of the Administration Act (information to be provided by personal representatives in certain cases), in subsection (1), after “support" insert “, an income-based jobseeker’s allowance".

F3362E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3463E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64(1)Section 150 of the Administration Act (annual up-rating of benefits) is amended as follows.E+W+S

(2)In subsection (1), after paragraph (j) insert-

“(k)specified in regulations under section 4(2) or (5) of the Jobseekers Act 1995;”.

(3)In subsection (7), after “Benefits Act" insert “or under the Jobseekers Act 1995,".

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".

66(1)Section 166 of the Administration Act (financial review and report) is amended as follows.E+W+S

(2)In subsection (1), for the words from “the 1975 Act" to the end substitute— “—

(a)the 1975 Act;

(b)Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8);

(c)the provisions of the Jobseekers Act 1995 relating to a contribution-based jobseeker’s allowance; and

(d)this Act so far as it relates to the provisions specified in paragraphs (b) and (c) above.”.

(3)In subsection (2), for the words from “Parts I" to the end substitute— “—

(a)Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8);

(b)the provisions of the Jobseekers Act 1995 relating to a contribution-based jobseeker’s allowance; and

(c)this Act so far as it relates to the provisions specified in paragraphs (a) and (b) above.”.

67U.K.In section 170 of the Administration Act (the Social Security Advisory Committee), in subsection (5)—

(a)in the definition of “the relevant enactments", after “payments;" insert—

“(aa)the provisions of the Jobseekers Act 1995;” and

(b)in the definition of “the relevant Northern Ireland enactments", after paragraph (a) insert—

“(aa)any provisions in Northern Ireland which correspond to provisions of the Jobseekers Act 1995; and”.

68(1)Section 177(5) of the Administration Act (co-ordination with Northern Ireland) is amended as follows.U.K.

(2)In paragraph (a), after “Benefits Act" insert “, the Jobseekers Act 1995".

(3)In paragraph (b), after “Benefits Act" insert “, any enactment in Northern Ireland corresponding to the Jobseekers Act 1995".

(4)After “income support;" insert—

“(ia)income-based jobseeker’s allowance;”.

69(1)Section 178 of the Administration Act (reciprocal arrangements with Northern Ireland) is amended as follows.E+W+S

(2)In subsection (1), after “Benefits Act" insert “, the Jobseekers Act 1995".

(3)In subsection (2), after paragraph (a) insert—

“(aa)income-based jobseeker’s allowance;”.

(4)In subsection (3), after “this Act" insert (in each place) “, the Jobseekers Act 1995".

70(1)Section 179 of the Administration Act (reciprocal agreements with countries outside the United Kingdom) is amended as follows.E+W+S

(2)In subsection (3), after “this Act" insert “, the Jobseekers Act 1995".

(3)In subsection (4), after “Benefits Act;" insert—

“(aa)to the Jobseekers Act 1995;”.

(4)In subsection (5), after paragraph (a) insert—

“(aa)jobseeker’s allowance;”.

71E+W+SIn section 180 of the Administration Act (payment of travelling expenses by Secretary of State), after “Benefits Act" (in both places) insert “, the Jobseekers Act 1995".

72E+W+SIn section 187 of the Administration Act (certain benefit to be inalienable), in subsection (1), after paragraph (a) insert—

“(aa)a jobseeker’s allowance;”.

73(1)Section 191 of the Administration Act (interpretation) is amended as follows.E+W+S

(2)In the definition of “benefit", after “Act" insert “and includes a jobseeker’s allowance".

(3)After the definition of “the Consequential Provisions Act" insert—

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

(4)After the definition of “housing benefit scheme" insert—

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

74E+W+SF35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Finance Act 1992 (c.14)E+W+S

75(1)Paragraph 6 of Schedule 4 to the Local Government Finance Act 1992 (deductions from income support) is amended as follows.E+W+S

(2)In sub-paragraph (1)—

(a)after first “income support" insert “ or a jobseeker’s allowance ”;

(b)omit “within the meaning of the Social Security Contributions and Benefits Act 1992"; and

(c)in paragraph (a), for “income support" substitute “ that benefit ”.

(3)In sub-paragraph (2)(b) after “income support" insert “ or a jobseeker’s allowance ” .

76(1)Paragraph 6 of Schedule 8 to the Local Government Finance Act 1992 (enforcement in Scotland) is amended as follows.E+W+S

(2)In sub-paragraph (1)—

(a)after first “income support" insert “ or a jobseeker’s allowance ”;

(b)omit “within the meaning of the Social Security Contributions and Benefits Act 1992"; and

(c)in paragraph (a), for “income support" substitute “ that benefit ”.

(3)In sub-paragraph (2)(b) after “income support" insert “ or a jobseeker’s allowance ” .