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The Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997

S.I. 1997/2677 · Made 7 November 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 7th November 1997

Laid before Parliament 10th November 1997

Coming into force 1st December 1997

The Secretary of State for Social Security, in exercise of the powers conferred on her by sections 35(1), 36(1) and (2) and 40(1)(a) and (2)(b) of, and paragraph 3 of Schedule 1 to, the Jobseekers Act 1995f1, and of all other powers enabling her in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itf2, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meanings ascribed to “prescribed” and “regulations”.

f2

See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

Contents

  1. 1Citation and commencement
  2. 2Amendment of regulation 47A of the Jobseeker’s Allowance Regulations 1996
  3. 3Amendment of regulation 8 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997 and shall come into force on 1st December 1997.

2Amendment of regulation 47A of the Jobseeker’s Allowance Regulations 1996

In regulation 47A of the Jobseeker’s Allowance Regulations 1996f1 (jobseeking periods: periods of interruption of employment)—

(a)

immediately before paragraph (a) there shall be inserted the following paragraph—

“(za)

where a linked period commenced before 7th October 1996 and is still current on 1st December 1997, any days of unemployment which form part of a period of interruption of employment where the last day of unemployment in that period of interruption of employment was no more than 8 weeks before the date upon which that linked period commenced;”;

(b)

at the end, there shall be added the words “and, for the purposes of paragraph (za), a day shall be treated as being, or not being, a day of unemployment in accordance with section 25A of the Social Security Contributions and Benefits Act 1992f2 and with any regulations made under that section, as in force on 6th October 1996”.

3Amendment of regulation 8 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996

In regulation 8 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996f1 (claims for entitlement to a jobseeker’s allowance), in paragraph (4)(a), after the words “312 days” there shall be inserted the words “but only in so far as this sub-paragraph has effect in the case of any person in respect of any date falling before 1st December 1997”.

Signature

Signed by authority of the Secretary of State for Social Security

John Y. Denham

Parliamentary Under-Secretary of State,

Department of Social Security

7th November 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) by ensuring that where a linked period commenced before 6th October 1997, any day of unemployment which forms part of a period of interruption of employment shall be treated as a jobseeking period if that period ends within 8 weeks of the commencement of the linked period (regulation 2).

They also amend the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 (S.I. 1996/2567) so as to provide that in the case of persons to whom unemployment benefit was payable on 6th or 7th April 1996 and where the period of interruption of employment that was current on that date was also current on the relevant day, section 5(1) of the Jobseekers Act 1995 (c. 18) shall only have effect as if the reference to 182 days were replaced by a reference to 312 days, up until the day before these Regulations come into force (regulation 3).

These Regulations do not impose any charge on business.