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The Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111491010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft regulations laid before Parliament under section 37(2) of the Jobseekers Act 1995, for approval by resolution of each House of Parliament.

Social Security

Made 2010

Coming into force 26th April 2010

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 6, 9(1), 19(8), 35(1), and 36(2) and (4) of the Jobseekers Act 1995f1.

The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to itf2.

A draft of this instrument was laid before Parliament in accordance with section 37(2) of the Jobseekers Act 1995 and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1995 c.18. Section 6 was amended by paragraph 134 of Schedule 7 to the Social Security Act 1998 (c. 14). Sections 35(1) and 36(4) were amended by paragraphs 62 and 63 respectively of Schedule 3 to the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c 2). Section 35(1) is an interpretation provision and is cited because of the meaning it gives to the words “prescribed” and “regulations”.

f2

See sections 172(1) and 173(1)(b)of the Social Security Administration Act 1992 (c. 5).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Jobseeker’s Allowance Regulations 1996
  3. Signature
  4. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010.

(2)

They come into force on 26th April 2010.

2Amendment of the Jobseeker’s Allowance Regulations 1996

(1)

The Jobseeker’s Allowance Regulations 1996f1 are amended as follows.

(2)

In regulation 5f2 (exceptions to requirements to be available immediately)—

(a)

in paragraph (4), after “13” insert “, 13A”;

(b)

in paragraph (5), for “or 13” substitute “, 13 or 13A”.

(3)

In regulation 6f3 (employment of at least 40 hours per week), for “13 or” in both places substitute “13, regulation 13A or”.

(4)

In regulation 7(1) (restriction of hours for which a person is available to 40 hours per week), for “regulation 13 and in regulation 17(2)” substitute “regulations 13, 13A and 17(2)”.

(5)

In regulation 8f4 (other restrictions on availability), before “or 17(2)” insert “, 13A”.

(6)

In regulation 11(1)(b)f5 (part-time students), before “or 17(2)” insert “, 13A”.

(7)

In regulation 12(1)(a)f6 (volunteers), before “or 17(2)” insert “, 13A”.

(8)

In regulation 13(2)f7 (additional restrictions on availability for certain groups), after “paragraph (3), (3A) or (4) of this regulation” insert “, regulation 13A or”.

(9)

After regulation 13 insert the following new regulation—

“Additional restrictions on availability for lone parents

13A.

—A lone parent who in any week is responsible for, and a member of the same household as, a child under the age of 13 may restrict his availability for employment to the child’s normal school hours.”.

(10)

In regulation 14(2A)f8 (circumstances in which a person is to be treated as available), before “or 17(2)” in both places insert “, 13A”.

(11)

In regulation 31(c)f9 (contents of jobseeker’s agreement), after “13” insert “, 13A”.

(12)

In regulation 72(2)(a)f10 (good cause for the purposes of section 19(5)(a) and (6)(c) and (d)), after “13” insert “, 13A”.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Name

Parliamentary Under Secretary of State

Department for Work and Pensions

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Jobseeker’s Allowance Regulations 1996 (“the 1996 Regulations”) by inserting new regulation 13A which applies to lone parents who are responsible for, and a member of the same household as, a child under the age of 13.

It is normally a condition of entitlement to jobseeker’s allowance that claimants are willing and able to take up employment of at least 40 hours per week, but regulation 13A provides for an easement in the case of lone parents to whom the new provision applies. They will be able to restrict their availability for employment to the child’s normal school hours.

Consequential amendments are also made to other provisions of the 1996 Regulations concerning a claimant’s availability for work, contents of a jobseeker’s agreement and good cause for the purposes of sections 19 and 20A of the Jobseekers Act 1995.

A full impact assessment has not been prepared for this instrument as it has no impact on the private or voluntary sectors.