# The Jobseeker’s Allowance (Domestic Violence) (Amendment) Regulations 2012, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Jobseeker’s Allowance Regulations 1996 (the JSA Regulations) to enable certain victims of domestic violence who are claiming a jobseeker’s allowance to be treated as being available for and actively seeking employment, and as having a jobseeker’s agreement (if they do not have one already). This will be the case for an initial period of 4 weeks and then, on production of relevant evidence, for a 13 week period, beginning on the date of the initial notification.
Paragraph (2) of regulation 2 inserts a new regulation 14A into the JSA Regulations.
Paragraphs (1) and (2) of new regulation 14A make provision for a JSA claimant to be treated as meeting the requirement to be available for work for a period of 4 weeks on notifying the Secretary of State in the specified manner that they have had domestic violence inflicted on or threatened against them at any time in the 26 weeks before that notification, by their partner or former partner or a family member. The person who inflicted or threatened the violence must not be living at the same address as the claimant at the time of the notification. Paragraph (3)(b) provides that a claimant can only be treated as available for employment under paragraph (2) once in a 12 month period. Where they apply, both the 4 week and the 13 week exemption periods continue to run whether or not the claimant is entitled to a jobseeker’s allowance for the whole or only parts of the 4/13 week period (paragraphs (3)(a) and (7)).
Paragraphs (4) to (9) have the effect of extending the 4 week period to 13 weeks if the claimant produces relevant evidence that they have been threatened with or had domestic violence inflicted on them by their partner or former partner or a family member. The 13 week period will start from the date of the initial notification and will run consecutively except where the claimant gives notification that they wish to return to jobseeking. They can only do this after the first 4 weeks of the 13 week period. If they do so, the exemption period is suspended until such time as they again notify the Secretary of State that they want it to apply. However, where the suspension ends and the balance of the exemption period is reapplied, the exemption period will not continue beyond the expiry of 12 months from the date of the initial notification of domestic violence.
Paragraph (10) defines “domestic violence”, “family member”, “health care professional”, “person acting in an official capacity”, “registered social worker” and “relevant evidence”. It makes clear that “domestic violence” means abuse of a kind specified on page 11 in section 2.2 of the Department of Health publication “Responding to domestic abuse: a handbook for health professionals” (2005) (physical, sexual, psychological, financial or emotional abuse), regardless of the gender or sexuality of the victim.
Paragraph (3) of regulation 2 amends regulation 19(1) of the JSA Regulations to provide for a claimant to be treated as meeting the requirement to be actively seeking employment for any period when they are treated as being available for work under new regulation 14A.
Paragraph (4) of regulation 2 amends regulation 34 of the JSA Regulations to provide for a claimant to be treated as having entered into a jobseeker’s agreement for any period when they are treated as being available for work under new regulation 14A, if the claimant does not already have a jobseeker’s agreement when the exemption period under regulation 14A begins.
A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.

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Source: https://www.legislation.gov.uk/ukdsi/2012/9780111519288/note (the official version)
Page: https://openlegislation.uk/draft-jobseekers-allowance-domestic-violence-amendment-regulations-2012/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.