Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Jobseeker’s Allowance Regulations 1996 (“the 1996 Regulations”), the Council Tax Benefit (General) Regulations 1992 and the Housing Benefit (General) Regulations 1987.
Regulations 2 and 3 amend definitions in the 1996 Regulations and add new definitions.
Regulation 4 inserts a new regulation 17A into the 1996 Regulations. It provides for persons to be treated as available for employment in accordance with paragraph (3) of the new regulation 17A, in the case of a person who is aged 25 years or over, has made a claim for jobseeker’s allowance and has been receiving benefit for not less than two years and who, with the agreement of an employment officer, is undertaking a qualifying course. A qualifying course is defined in the new regulation 17A(7).
Regulation 5 amends regulation 19 of the 1996 Regulations, which sets out circumstances in which a person is treated as actively seeking employment.
Regulation 6 inserts a new regulation 21A into the 1996 Regulations. This provides that a person who is treated as available for employment in accordance with the new regulation 17A is to be treated as actively seeking employment, as set out in the new regulation 21A.
Regulations 7 and 8 amend regulation 72 (good cause for the purposes of section 19(5)(a) and (6)(c) and (d)) and regulation 73 (good cause for the purposes of section 19(5)(b)) of the 1996 Regulations by adding further cases where a person is to be regarded as having good cause for the purposes of sections 19 (6)(c)(d) and 19(5)(b) of the Jobseekers Act 1995 and adding a further factor to be taken into account in determining whether a person has good cause for the purposes of section 19(5)(a) and (6)(c) and (d).
Regulation 9 amends regulation 75 of the 1996 Regulations, by adding a qualifying course (see new regulation 17A(7)) to the list of training schemes in relation to which a person can receive a benefit sanction for certain acts or omissions.
Regulation 10 amends the Council Tax Benefit (General) Regulations 1992 and the Housing Benefit (General) Regulations 1987 in order to ensure that a person undertaking a qualifying course is regarded as a student for the purposes of these Regulations.