Regulation 2 Amendment of the Jobseeker’s Allowance Regulations 1996

(1)

The Jobseeker’s Allowance Regulations 1996^f1 are amended in accordance with this regulation.

(2)

In regulation 5(1) (exceptions for certain people to requirement to be available immediately)^f2—

(a)

omit sub-paragraph (a); and

(b)

in sub-paragraph (b), after “voluntary work” insert “or who has caring responsibilities”.

(3)

In regulation 14 (circumstances in which a person is to be treated as available)—

(a)

in paragraph (1)^f3—

(i)

after “to whom regulation 15(a), (b)”, insert “, (bc)”; and

(ii)

after “circumstances apply, subject to”, insert “paragraph (2B) and to”;

(b)

after paragraph (1)(q)^f4, insert the following sub-paragraphs—

“(r)
if he is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror;

(s)
if, for a maximum of 96 hours before being released, he is in—

(i)
police detention within the meaning in section 118(2) of the Police and Criminal Evidence Act 1984 (general interpretation)^f5, or

(ii)
legal custody within the meaning in section 295 of the Criminal Procedure (Scotland) Act 1995 (legal custody in Scotland)^f6 but is not a prisoner as defined by regulation 85(4) (special cases)^f7.”;

(c)

after paragraph (2A)^f8, insert the following paragraph—

“(2B)
A person shall not be treated as available for employment under paragraph (1)(r)—

(a)
for more than eight weeks,

(b)
where he does not, before the period during which he is required to attend the court or tribunal, give an employment officer notice, in writing where requested by the employment officer, that he is so required, or

(c)
where he is a prisoner as defined by regulation 85(4) (special cases).”; and

(d)

after paragraph (6), insert the following paragraph—

“(7)
In this regulation, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992^f9.”.

(4)

In regulation 19 (circumstances in which a person is to be treated as actively seeking employment)—

(a)

in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (2A)”;

(b)

after paragraph (1)(u)^f10, insert the following sub-paragraphs—

“(v)
in any week during which he is, for not less than three days, required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror;

(w)
if, for a maximum of 96 hours before being released, he is in—

(i)
police detention within the meaning in section 118(2) of the Police and Criminal Evidence Act 1984 (general interpretation), or

(ii)
legal custody within the meaning in section 295 of the Criminal Procedure (Scotland) Act 1995 (legal custody in Scotland) but is not a prisoner as defined by regulation 85(4) (special cases).”;

(c)

after paragraph (2), insert the following paragraph—

“(2A)
A person shall not be treated as actively seeking employment under paragraph (1)(v)—

(a)
for more than eight weeks,

(b)
where he does not, before the period during which he is required to attend the court or tribunal, give an employment officer notice, in writing where requested by the employment officer, that he is so required, or

(c)
where he is a prisoner as defined by regulation 85(4) (special cases).”; and

(d)

in paragraph (3), insert at the appropriate place—

““tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992;”.

(5)

In regulation 30 (circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notice under regulation 23)^f11—

(a)

in paragraph (a), omit “(a) or”; and

(b)

in paragraph (c), after “(k) - (n)” insert “, (r) or (s)”.

(6)

In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b))^f12, for paragraph 15 (members required to attend court) substitute the following paragraph—

“Members required to attend a court or tribunal

15.

(1)
A member who is required to attend a court or tribunal as a justice of the peace, a party to any proceedings, a witness or a juror.

(2)
In this paragraph, “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992.”.

Annotations

Footnotes

f1: S.I. 1996/207.
f2: Regulation 5(1) was substituted by S.I. 2002/3072.
f3: The relevant amending instrument is S.I. 1997/563.
f4: Sub-paragraph (q) was inserted by S.I. 2004/1869.
f5: 1984 c.60. Section 118(2) was amended by paragraph 5(12) of Schedule 15 to the Terrorism Act 2000 (c.11) and paragraph 9(9) of Schedule 7 to the Police Reform Act 2002 (c.30).
f6: 1995 c.46. Section 295 was amended by section 24(2) of the Criminal Justice (Scotland) Act 2003 (asp 7).
f7: The definition of “prisoner” was amended by S.I. 1998/563 and 2005/2078.
f8: Paragraph (2A) was inserted by S.I. 1997/563.
f9: 1992 c.53 as amended.
f10: Sub-paragraph (u) was inserted by S.I. 2004/1869.
f11: Regulation 30 was amended by S.I. 2000/1978 and 2194 and 2002/3072.
f12: Schedule A1 was inserted by S.I. 2000/1978 and amended by S.I. 2001/518 and 652 and 2003/511.