Explanatory note

These Regulations further amend the Income Support (General) Regulations 1987 (S.I.1987/1967) (“the income support regulations"). The amendments are consequential on the coming into force of the Jobseekers Act 1995, which replaces income support for the unemployed and unemployment benefit with jobseeker’s allowance.

Jobseeker’s allowance is the new social security benefit for people who are required to be available for and actively seek employment. It is no longer a condition of entitlement to income support that a claimant is available for and actively seeking employment; instead there is a list of the categories of person who are eligible to claim income support (regulations 4 and 22 and Schedule 1, which insert the new regulation 4ZA and Schedule 1B into the income support regulations).

All the regulations relating to availability for and actively seeking employment are revoked (regulation 28 and Schedule 3), including regulation 22 of the income support regulations which reduces applicable amounts for claimants who have been disqualified for unemployment benefit or who are appealing against decisions that they are not incapable of work. The latter reduction is however continued in a new regulation (regulation 13, which adds regulation 22A to the income support regulations).

The special entitlement and registration rules for claimants aged 16 or 17 are also revoked; however special applicable amounts for this age group continue (regulation 23 and Schedule 2).

There is special provision for claimants who may be entitled alternately to income support or jobseeker’s allowance, so that entitlement to an income-based jobseeker’s allowance may count towards satisfaction of any condition where a claimant is required to have been entitled to income support for a certain period of time (regulation 32).

The remainder of these regulations contain various minor consequential amendments and transitional provisions.

These Regulations are made pursuant to section 40 of the Jobseekers Act 1995 and section 124(1)(e) of the Social Security Contributions and Benefits Act 1992 and are made before the end of the period of six months beginning with the date those provisions came into force. Accordingly they are exempted by section 173(5)(a) of the Social Security Administration Act 1992 from reference to the Social Security Advisory Committee and have not been so referred.

These Regulations do not impose a charge on businesses.