OpenLegislation

The Jobseeker’s Allowance Regulations 2013

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

Draft 2013, ISBN 9780111531921

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

Coming into force 29th April 2013

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 2(1)(c), (2A) and (3B)(a), 4(1)(b), (2) and (4), 5(3), 6A(5), 6B(2), 6D(4), 6E(3) and (5), 6F(1), 6H(1)(a), (5) and (6), 6I, 6J(2)(a), (5) and (7), 6K(4), (5) and (9), 12(1) to (4)(a) and (b), 35(1) and (3) and 36(2) to (4) of, and Schedule 1 to, the Jobseekers Act 1995f1, sections 5(1)(i) and (j) and (1A), 189(4), (5) and (6) and 191 of the Social Security Administration Act 1992f2, sections 171D, 171G(2) and 175(3) to (5) of the Social Security Contributions and Benefits Act 1992f3 and paragraphs 2(3) and 3 of Schedule 5 to the Welfare Reform Act 2012f4.

The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to itf5.

A draft of these Regulations has been 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 2(1) was amended by paragraph 3 of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c.30), paragraph 6 of Schedule 2 and Schedule 7 to the Welfare Reform Act 2009 (c.24) and Schedule 14 to the Welfare Reform Act 2012 (c.5). Section 2(2A) and (3B) was inserted by section 12 of the Welfare Reform Act 2009. Section 4(1) was amended by paragraph 5 of Schedule 5 and Schedule 14 to the Welfare Reform Act 2012 and S.I. 2006/343. Section 5(3) was amended by Schedule 14 to the Welfare Reform Act 2012. Sections 6A to 6K were inserted by section 49(3) of the Welfare Reform Act 2012. Those definitions were amended by paragraph 62 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c.2). Section 36(4) was amended by paragraph 63 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc) Act 1999.

f2

1992 c.5. Section 5(1)(j) was amended by section 98 of the Welfare Reform Act 2012. Section 5(1A) was inserted by section 99 of the Welfare Reform Act 2012. Section 189(4), (5) and (6) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c.14). Section 191 is cited for the meaning it gives to “prescribed” and was amended by paragraph 10 of Schedule 5 to the Welfare Reform Act 2007 (c.5).

f3

1992 c.4. Sections 171D and 171G were inserted by section 6 of the Social Security (Incapacity for Work) Act 1994 (c.18). Section 171G(2) is cited for the meaning it gives to “prescribed”. Section 175(4) was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc) Act 1999 and paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994.

f4

2012 c.5.

f5

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

Contents

  1. Part 1: General
  2. 1Citation, commencement and application
  3. 2General interpretation
  4. 3Further interpretation
  5. Part 2: Claimant responsibilities
  6. 4Interpretation
  7. 5Application of regulations where there is dual entitlement
  8. 6Sanction ceases to apply to jobseeker’s allowance
  9. 7Claimant commitment – date and method of acceptance
  10. 8Claimant commitment – exceptions
  11. 9Expected hours
  12. 10Purposes of a work-focused interview
  13. 11Work search requirement: interviews
  14. 12Work search requirement: all reasonable action
  15. 13Work availability requirement: able and willing immediately to take up paid work
  16. 14Work search requirement and work availability requirement: limitations
  17. 15Victims of domestic violence
  18. 16Circumstances in which requirements must not be imposed
  19. Part 3: Sanctions
  20. 17Interpretation
  21. 18General principles for calculating reduction periods
  22. 19Higher-level sanction
  23. 20Medium-level sanctions
  24. 21Low-level sanctions
  25. 22Start of the reduction
  26. 23Reduction period to continue where award of jobseeker’s allowance terminates
  27. 24Suspension of a reduction where a fraud sanction applies
  28. 25Termination of a reduction
  29. 26Amount of reduction for each benefit week
  30. 27Daily reduction rate
  31. 28Failures for which no reduction is applied
  32. 29Sanctionable failures under section 6J of the Act: work placements
  33. 30Sanctions where universal credit ends and the person is entitled to a jobseeker’s allowance
  34. Part 4: Information and evidence
  35. 31Provision of information and evidence
  36. 32Alternative means of notifying changes of circumstances
  37. 33Information given electronically
  38. Part 5: Conditions of entitlement
  39. 34The conditions and relevant earnings
  40. 35Relaxation of the first set of conditions
  41. 36Waiting Days
  42. 37Jobseeking Period
  43. 38Jobseeking periods: periods of interruption of employment
  44. 39Linking Periods
  45. 40Persons approaching retirement and the jobseeking period
  46. 41Persons temporarily absent from Great Britain
  47. 42Remunerative work
  48. 43Persons treated as engaged in remunerative work
  49. 44Persons treated as not engaged in remunerative work
  50. 45Relevant education
  51. 46Short periods of sickness
  52. 47Periods of sickness and persons receiving treatment outside Great Britain
  53. 48Prescribed amount of earnings
  54. Part 6: Amounts of a jobseeker’s allowance
  55. 49Weekly amounts of jobseeker’s allowance
  56. 50Deductions in respect of earnings
  57. 51Payments by way of pensions
  58. 52Minimum amount of a jobseeker’s allowance
  59. Part 7: Earnings
  60. 53Rounding of fractions
  61. 54Calculation of earnings derived from employed earner’s employment
  62. 55Calculation of earnings of self-employed earners
  63. 56Date on which earnings are treated as paid
  64. 57Calculation of weekly amount of earnings
  65. 58Earnings of employed earners
  66. 59Calculation of net earnings of employed earners
  67. 60Earnings of self-employed earners
  68. 61Calculation of net profit of self-employed earners
  69. 62Deduction of tax and contributions for self-employed earners
  70. 63Notional earnings
  71. Part 8: Part weeks
  72. 64Amount of a jobseeker’s allowance payable
  73. 65Relevant week
  74. 66Modification in the calculation of income
  75. Part 9: Share fishermen
  76. 67Interpretation
  77. 68Special provisions in respect of share fishermen
  78. 69Modifications of section 2
  79. 70Modification of section 35
  80. 71Additional conditions for payment of a jobseeker’s allowance
  81. 72Remunerative work
  82. 73Calculation of earnings
  83. 74Amount payable
  84. Part 10: Modification of the Act
  85. 75Modification of section 2 of the Act
  86. Signature
  87. Schedule: Sums to be disregarded in the calculation of earnings
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. 6Paragraph 6
  94. 7Paragraph 7
  95. 8Paragraph 8
  96. 9Paragraph 9
  97. 10Paragraph 10
  98. 11Paragraph 11
  99. 12Paragraph 12
  100. 13Paragraph 13
  101. Explanatory note