OpenLegislation

Section 20 Exemptions from section 19 and 19A.F1F12C1I1

England, Wales and Scotland

(1)

F2Nothing in section 19, or in regulations under that section, shall be taken to F3authorise reduction of a jobseeker’s allowance merely because the claimant refuses to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute.

(2)

Section F419A does not apply, in the circumstances mentioned in subsection F5(2)(c) to (g) of that section, if—

(a)

a direction is in force under section 16 with respect to the claimant; and

(b)

he has acted in such a way as to risk—

(i)

having that direction revoked under subsection (3)(b) of section 16; or

(ii)

having the amount of his jobseeker’s allowance reduced by virtue of section 17, because F6the condition mentioned in section 17(3)(b) or (c) is satisfied.

(3)

Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner’s employment without falling within section F719(2)(b) or (d) should he leave that employment voluntarily and without F8good reason at any time during a trial period.

(4)

F9In such circumstances as may be prescribed, an income-based jobseeker’s allowance shall be F10payable in respect of a claimant even though section 19 prevents payment of a jobseeker’s allowance to him.

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Regulations under subsection (4) may, in particular, provide for a jobseeker’s allowance payable by virtue of that subsection to be—

(a)

payable at a prescribed rate;

(b)

payable for a prescribed period (which may differ from the period fixed under section 19(2) or (3)).

(7)

F11In subsection (3), “trial period” has such meaning as may be prescribed.

(8)

Regulations may make provision for determining, for the purposes of this section, the day on which a person’s employment is to be regarded as commencing.

Annotations

Textual amendments

F1

S. 17C and preceding cross-heading inserted (12.11.2009) by Welfare Reform Act 2009 (c. 24), ss. 11, 61(1), Sch. 3 para. 1

F2

S. 20(1)-(3) repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

F3

Words in s. 20(1) substituted (22.10.2012) by Welfare Reform Act 2012 (c. 5), ss. 48, 150(3), Sch. 7 para. 5(b); S.I. 2012/2530, art. 2(2)(f)

F4

Word in s. 20(2) substituted (22.10.2012) by Welfare Reform Act 2012 (c. 5), ss. 48, 150(3), Sch. 7 para. 5(c); S.I. 2012/2530, art. 2(2)(f)

F5

Words in s. 20(2) substituted (22.10.2012) by Welfare Reform Act 2012 (c. 5), ss. 48, 150(3), Sch. 7 para. 5(c); S.I. 2012/2530, art. 2(2)(f)

F6

Words in s. 20(2)(b)(ii) substituted (18.10.1999 for specified purposes and otherwise prosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 142; S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18) (as amended (25.11.1999) by S.I. 1999/3178, art. 3(20), Sch. 20 paras. 1(a), 2(a))

F7

Words in s. 20(3) substituted (22.10.2012) by Welfare Reform Act 2012 (c. 5), ss. 48, 150(3), Sch. 7 para. 5(d); S.I. 2012/2530, art. 2(2)(f)

F8

Words in s. 20(3) substituted (22.10.2012) by Welfare Reform Act 2012 (c. 5), ss. 48, 150(3), Sch. 7 para. 5(d); S.I. 2012/2530, art. 2(2)(f)

F9

S. 20(4)-(6) repealed (22.10.2012 in relation to the repeal of s. 20(5), otherwise prosp.) by Welfare Reform Act 2012 (c. 5), ss. 147, 150(3), Sch. 14 Pt. 3; S.I. 2012/2530, art. 2(2)(g)

F10

Words in s. 20 substituted (11.11.1999) by 1999 c. 30, ss. 70, 89(4)(b), Sch. 8 Pt. V para. 29(5)

F11

S. 20(7)(8) repealed (29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

F12

Words in s. 20 heading inserted (22.10.2012) by Welfare Reform Act 2012 (c. 5), ss. 48, 150(3), Sch. 7 para. 5(a); S.I. 2012/2530, art. 2(2)(f)

Modifications

C1

S. 20 modified (7.10.1996) by S.I. 1996/207, reg. 159

Commencement

I1

S. 20 wholly in force at 7.10.1996; s. 20 not in force at Royal Assent, see s. 41(2); s. 20(3)(4)(5)(6)(7)(8) in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; s. 20 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)