Jobseekers Act 1995 in Northern Ireland

A claimant commitment is a record of a claimant's responsibilities in relation to an award of a jobseeker's allowance.

A claimant commitment is to be prepared by the Secretary of State and may be reviewed and updated as the Secretary of State thinks fit.

A claimant commitment is to be in such form as the Secretary of State thinks fit.

A claimant commitment is to include—

For the purposes of this Act a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.

In this Act a “work-focused interview requirement” is a requirement that a claimant participate in one or more work-focused interviews as specified by the Secretary of State.

A work-focused interview is an interview for prescribed purposes relating to work or work preparation.

The purposes which may be prescribed under subsection (2) include in particular that of making it more likely in the opinion of the Secretary of State that the claimant will obtain paid work (or more paid work or better-paid work).

The Secretary of State may specify how, when and where a work-focused interview is to take place.

In this Act a “work preparation requirement” is a requirement that a claimant take particular action specified by the Secretary of State for the purpose of making it more likely in the opinion of the Secretary of State that the claimant will obtain paid work (or more paid work or better-paid work).

The Secretary of State may under subsection (1) specify the time to be devoted to any particular action.

Action which may be specified under subsection (1) includes in particular—

In this Part a “work search requirement” is a requirement that a claimant take—

for the purpose of obtaining paid work (or more paid work or better-paid work).

The Secretary of State may under subsection (1)(b) specify the time to be devoted to any particular action.

Action which may be specified under subsection (1)(b) includes in particular—

Regulations may impose limitations on a work search requirement by reference to the work to which it relates; and the Secretary of State may in any particular case specify further such limitations on such a requirement.

A limitation under subsection (4) may in particular be by reference to—

and may be indefinite or for a particular period.

In this Act a “work availability requirement” is a requirement that a claimant be available for work.

For the purposes of this section “available for work” means able and willing immediately to take up paid work (or more paid work or better-paid work).

Regulations may impose limitations on a work availability requirement by reference to the work to which it relates; and the Secretary of State may in any particular case specify further such limitations on such a requirement.

A limitation under subsection (3) may in particular be by reference to—

and may be indefinite or for a particular period.

Regulations may for the purposes of subsection (2) define what is meant by able and willing immediately to take up work.

The Secretary of State must, except in prescribed circumstances, impose on a claimant—

The Secretary of State may, subject to this Act, impose either or both of the following on a claimant—

The Secretary of State may require a claimant to participate in an interview for any purpose relating to—

The Secretary of State may specify how, when and where such an interview is to take place.

The Secretary of State may, for the purpose of verifying the claimant's compliance with a work-related requirement, require a claimant to—

The Secretary of State may require a claimant to report to the Secretary of State any specified changes in their circumstances which are relevant to—

Regulations may make provision—

Where the Secretary of State may impose a work-focused interview requirement, or specify a particular action under section 6C(1) or 6D(1)(b), the Secretary of State must have regard to such matters as may be prescribed.

Where the Secretary of State may impose a requirement under the preceding provisions of this Act, or specify any action to be taken in relation to such a requirement, the Secretary of State may revoke or change what has been imposed or specified.

Notification of a requirement imposed under the preceding provisions of this Act (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Secretary of State may determine.

Regulations must make provision to secure that, in prescribed circumstances, where a claimant has recently been a victim of domestic violence—

For the purposes of subsection (5)—

complied with or not complied with any requirement imposed under the preceding provisions of this Act or any aspect of such a requirement, or

taken or not taken any particular action specified by the Secretary of State in relation to such a requirement.

The amount of an award of jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.

It is a failure sanctionable under this section if a claimant—

It is a failure sanctionable under this section if, at any time before making the claim by reference to which the award is made, the claimant—

For the purposes of subsections (2) and (3) regulations may provide—

Regulations are to specify—

Regulations under subsection (5)(b) may in particular provide for the period of a reduction to depend on either or both of the following—

Regulations may provide—

The amount of an award of a jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.

It is a failure sanctionable under this section if a claimant—

But a failure by a claimant is not sanctionable under this section if it is also a failure sanctionable under section 6J.

Regulations must specify—

Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for—

In subsection (5)(a) “compliance condition” means—

A compliance condition specified under subsection (5)(a) may be—

A period fixed under subsection (5)(b) may in particular depend on either or both the following—

Regulations may provide—

The functions of the Secretary of State under sections 6 to 6I may be exercised by, or by the employees of, such person as the Secretary of State may authorise for the purpose (an “authorised person”).

An authorisation given by virtue of this section may authorise the exercise of a function—

An authorisation under this section—

Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State or (as the case may be) an officer of the Secretary of State.

Subsection (4) does not apply—

Where—

the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).

In relation to a claim for a jobseeker’s allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.

A person’s income in respect of a week shall be calculated in accordance with prescribed rules.

The rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).

Circumstances may be prescribed in which—

Where—

that person is not entitled to a jobseeker’s allowance for the week which includes that day unless he proves that he is not directly interested in the dispute.

A person who withdraws his labour on any day in furtherance of a trade dispute, but to whom subsection (1) does not apply, is not entitled to a jobseeker’s allowance for the week which includes that day.

If a person who is prevented by subsection (1) from being entitled to a jobseeker’s allowance proves that during the stoppage—

subsection (1) shall be taken to have ceased to apply to him on the occurrence of the event referred to in paragraph (a) or (b) or (as the case may be) the first event referred to in paragraph (c).

In this section “place of work”, in relation to any person, means the premises or place at which he was employed.

Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of subsection (4), be deemed to be separate premises or (as the case may be) a separate place.

The amount of an award of a jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by the claimant which is sanctionable under this section.

It is a failure sanctionable under this section if a claimant—

But a failure is not sanctionable under this section if it is also sanctionable under section 19.

Regulations are to provide for—

Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for—

In subsection (5)(a) “compliance condition” means—

A compliance condition specified under subsection (5)(a) may be—

The period fixed under subsection (5)(b) may in particular depend on either or both of the following—

Regulations may provide—

During any period for which the amount of a joint-claim jobseeker's allowance is reduced under this section by virtue of a failure by one of the claimants which is sanctionable under this section, the allowance is payable to the other member of the couple.

In this section—

Regulations may make provision for reduction of the amount of an award of a jobseeker's allowance other than a joint-claim jobseeker's allowance if the claimant—

Regulations may make provision for reduction of the amount of a joint-claim jobseeker's allowance if one of the claimants—

Regulations may make provision for reduction of the amount of an award of joint-claim jobseeker's allowance if—

Regulations are to provide for—

The period referred to in subsection (4)(b) must not include any period after the end of the period of 13 weeks beginning with the day on which the claimant's previous entitlement ceased.

Regulations under subsection (4)(b) may in particular provide for the period of a reduction to depend on either or both of the following—

Regulations may provide for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.

During any period for which the amount of a joint-claim jobseeker's allowance is reduced under this section by virtue of a failure by one of the claimants to comply with the condition in section 1(2)(a) or (c), the allowance is payable to the other member of the couple.

Regulations may make provision for the making of payments (“hardship payments”) by way of a jobseeker's allowance to a claimant where—

Regulations under this section may in particular make provision as to—

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

This Act may be cited as the Jobseekers Act 1995.

Section 39 and this section (apart from subsections (4) and (5)) come into force on the passing of this Act, but otherwise the provisions of this Act come into force on such day as the Secretary of State may by order appoint.

Different days may be appointed for different purposes.

Schedule 2 makes consequential amendments.

The repeals set out in Schedule 3 shall have effect.

Apart from this section, section 39 and paragraphs 11 to 16, 28, 67 and 68 of Schedule 2, this Act does not extend to Northern Ireland.

For the purposes of this Act, “remunerative work” has such meaning as may be prescribed.

Regulations may prescribe circumstances in which, for the purposes of this Act—

for jobseeking periods which are separated by not more than a prescribed number of weeks to be treated, for purposes of this Act, as one jobseeking period;

for prescribed periods (“linked periods") to be linked, for purposes of this Act, to any jobseeking period.

entitlement to a jobseeker’s allowance, or

the amount payable by way of such an allowance,

for such sums by way of pension payments to be disregarded for prescribed purposes;

as to the week in which any pension payments are to be treated as having begun;

for treating, in a case where—

such payments as being made to that person by way of weekly pension payments as are specified in or determined under the regulations;

for the method of determining whether pension payments are made to a person for any week and their amount.

Regulations may make provision about the entitlement to a jobseeker’s allowance of persons (“ex-members”) who cease to be members of a joint-claim couple.

Regulations under this paragraph may, in particular, provide—

Regulations may make provision about the entitlement to a jobseeker’s allowance of persons (“ex-members”) who, having ceased to be members of a joint-claim couple, again become the members of a joint-claim couple.

Regulations under this paragraph may, in particular, provide—

Regulations may provide, in relation to any replacement award (within the meaning of paragraph 9A) or new award (within the meaning of paragraph 9B or 9C)—

In paragraphs 9A to 9C and this paragraph—

• “award” means an award of a jobseeker’s allowance;

• “claim” means a claim for a jobseeker’s allowance.

as to what is or is not to be treated as relevant education; and

as to the circumstances in which a person is or is not to be treated as receiving relevant education.

circumstances in which a person is to be treated as having or not having a good reason for an act or omission;

matters which are or are not to be taken into account in determining whether a person has a good reason for an act or omission.

Section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support) is amended as follows.

In subsection (1), before paragraph (a), after “income support" insert “or a jobseeker’s allowance".

In subsection (1)(a), for “income support" substitute “that benefit".

In subsection (2)(d), after “income support" insert “or a jobseeker’s allowance".

in the definition of “the relevant enactments", after “payments;" insert—

“(aa)

the provisions of the Jobseekers Act 1995;” and

in the definition of “the relevant Northern Ireland enactments", after paragraph (a) insert—

“(aa)

any provisions in Northern Ireland which correspond to provisions of the Jobseekers Act 1995; and”.

Section 177(5) of the Administration Act (co-ordination with Northern Ireland) is amended as follows.

In paragraph (a), after “Benefits Act" insert “, the Jobseekers Act 1995".

In paragraph (b), after “Benefits Act" insert “, any enactment in Northern Ireland corresponding to the Jobseekers Act 1995".

After “income support;" insert—

“(ia)

income-based jobseeker’s allowance;”.

Paragraph 6 of Schedule 4 to the Local Government Finance Act 1992 (deductions from income support) is amended as follows.

In sub-paragraph (1)—

In sub-paragraph (2)(b) after “income support" insert “ or a jobseeker’s allowance ” .

Paragraph 6 of Schedule 8 to the Local Government Finance Act 1992 (enforcement in Scotland) is amended as follows.

In sub-paragraph (1)—

In sub-paragraph (2)(b) after “income support" insert “ or a jobseeker’s allowance ” .