OpenLegislation

Regulation 25 Entitlement ceasing on a failure to comply

(1)

F1Entitlement to a jobseeker’s allowance shall cease in the following circumstances—

F2(a)

if a claimant fails to F3participate in an interview on the day specified in a relevant notification, and fails to make contact with an employment officer in the manner set out in that notification before the end of the period of five working days beginning with the first working day after the day on which the claimant failed to attend;

(b)

if–

F4(i)

F5that claimant makes contact with an employment officer on the day specified in the relevant notification but fails to participate in an interview at the time specified in that notification, and the Secretary of State has informed that claimant in writing that a failure to participate in an interview, on the next occasion on which he is required to participate in an interview at the time specified in such a F6notification may result in his entitlement to a jobseeker’s allowance ceasing F7or the benefit not being payable for a period, and

(ii)

he fails to F8participate at the time specified in such a notification on the next occasion; F9and

F10(iii)

that claimant fails to make contact with an employment officer in the manner set out in such a notification before the end of the period of five working days beginning with the first working day after the day on which that claimant failed to F11participate at the time specified;

(c)

F12subject to regulation 27, if F13that claimant was required to provide a signed declaration as referred to in regulation 24(6) and he fails to provide it on the day on which he ought to do so in accordance with regulation 24(10).

C1(F141A)

In this regulation and in regulations 27A, 28 and 30—

  • “relevant notification” means a notification under regulation 23 or 23A, other than a notification requiring attendance under an employment programme or a training scheme F15 , under a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013F16, under a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014F17, under a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014 F18, under the Employment, Skills and Enterprise Scheme F19or under the Mandatory Work Activity Scheme;

  • “working day” means any day on which the appropriate office is not closed.

(2)

In this regulation, “an employment programme" and “a training scheme" have the meaning given in regulation 75.

Annotations

Textual amendments

F1

Word in reg. 25(1) substituted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(a)

F2

Reg. 25(1)(a) substituted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(b)

F3

Words in reg. 25(1)(a) substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(3)(a)

F4

Reg. 25(1)(b)(i) substituted (25.3.1999) by The Jobseeker’s Allowance (Amendment) Regulations 1999 (S.I. 1999/530), regs. 1, 2

F5

Words in reg. 25(1)(b)(i) substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(3)(b)

F6

Word in reg. 25 substituted (11.9.2000) by The Jobseeker’s Allowance (Amendment) (No. 3) Regulations 2000 (S.I. 2000/2194), regs. 1, 2(4)

F7

Words in reg. 25(1)(b)(i) inserted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(c)(iii)

F8

Word in reg. 25(1)(b)(ii) substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(3)(c)

F9

Word in reg. 25(1)(b)(ii) inserted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(d)

F10

Reg. 25(1)(b)(iii) added (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(e)

F11

Word in reg. 25(1)(b)(iii) substituted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(3)(c)

F12

Words in reg. 25(1)(c) inserted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(f)

F13

Words in reg. 25(1)(b)(c) substituted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 4(c)

F14

Reg. 25(1A) inserted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(3)(g)

F15

Words in reg. 25(1A) inserted (12.2.2013 at 6.45pm) by The Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 (S.I. 2013/276), regs. 1, 14(b)

F16

Words in reg. 25(1A) inserted (temp. until 24.11.2016) (25.11.2014) by The Jobseeker’s Allowance (18-21 Work Skills Pilot Scheme) Regulations 2014 (S.I. 2014/3117), regs. 1(1), 19

F17

Words in reg. 25(1A) inserted (temp. until 30.4.2015) (18.7.2014) by The Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014 (S.I. 2014/1913), regs. 1(1), 15

F18

Words in reg. 25(1A) inserted (20.5.2011) by The Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 (S.I. 2011/917), regs. 1, 16(a)

F19

Words in reg. 25(1A) inserted (25.4.2011) by The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 (S.I. 2011/688), regs. 1, 16(a)

Modifications

C1

Reg. 25(1A) modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 18(a)

Notes on the whole SI

Textual amendments

F1

1995 c.18.

F2

Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".

F3

1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".

F4

1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".

F5

See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).