Explanatory note

These Regulations amend the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 (S.I. 1995/3276), the Social Security (Back to Work Bonus) Regulations 1996 (S.I. 1996/193), the Social Security (General Benefit) Regulations 1982 (S.I. 1982/1408) and the Child Support (Maintenance Assessment Procedure) Regulations 1992 (S.I. 1992/1813).

Regulation 2 makes a number of amendments to the Jobseeker’s Allowance Regulations;

• the definition of “benefit week” is amended to provide for jobseekers who have a Saturday benefit week ending,

• the definition of “close relative” is amended in relation to young persons,

• a definition of the Earnings Top-up Scheme is inserted, and arrears of earnings top-up are to be treated as capital and disregarded when assessing jobseeker’s allowance,

• a period of interruption of employment for unemployment benefit purposes is included as a “linked period”,

• people coming to Great Britain from Montserrat because of the volcanic activity there are excluded from the definition of “persons from abroad”,

• a person in residential accommodation provided by a local authority who is still in that accommodation when it becomes a residential care home for the purposes of the Regulations will be treated as being in local authority residential accommodation, notwithstanding that the local authority may no longer be under a duty to provide or make arrangements for providing accommodation for him,

• the date child support maintenance is treated as paid is altered, as are the dates on which hardship payments are made,

• days of entitlement to a contribution-based jobseeker’s allowance can count towards the qualifying period for help with mortgage interest available in respect of income-based jobseeker’s allowance,

• a definition of training and training allowance is added, and the amount deducted in respect of the earnings of a non-dependant is increased to £12 to align jobseeker’s allowance with income support.

Regulation 3 makes a number of amendments to the Jobseeker’s Allowance (Transitional Provisions) Regulations;

• the definition of “training allowance” is amended,

• periods of disqualification for receiving unemployment benefit are treated as counting towards the maximum number of days a jobseeker’s allowance is payable.

Regulation 4 makes a number of amendments to the Social Security (Back to Work Bonus) Regulations 1996;

• the definition of “training allowance” is amended,

• the provisions on whether earnings should be taken into account are amended,

• technical amendments are made to regulations 7 and 15,

• two further circumstances in which a person aged 60 or over who claims income support may be entitled to a bonus are added to regulation 17,

• the earnings to be taken into account in respect of share fishermen are limited to those earned whilst entitled to contribution-based jobseeker’s allowance.

The Social Security (General Benefit) Regulations are amended so that rules on the payment of benefit and suspension of payments pending a decision on appeals or references, and arrears and repayment similar to those that apply to unemployment benefit will apply to a jobseeker’s allowance.

The Child Support (Maintenance Assessment Procedure) Regulations are amended so that where benefit is reduced under a reduced benefit direction, the minimum amount of a jobseeker’s allowance which is payable shall be untouched, and the reduced benefit direction may be suspended when specified deductions are made from a jobseeker’s allowance.

These Regulations revoke regulation 27 of the Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996.

A copy of the Rules of the Earnings Top-up Scheme may be obtained from:

These Regulations do not impose a charge on businesses.