Part IIThe Jobseeker's Allowance

Entitlement

The jobseeker's allowance3

1

An allowance, to be known as a jobseeker's allowance, shall be payable in accordance with the provision of this Order.

2

Subject to the provisions of this Order, a claimant is entitled to a jobseeker's allowance if he—

a

is available for employment;

b

has entered into a jobseeker's agreement which remains in force;

c

is actively seeking employment;

F1d

satisfies the conditions set out in Article 4;

e

is not engaged in remunerative work;

F2f

does not have limited capability for work;

g

is not receiving relevant education;

h

is under pensionable age; and

i

is in Northern Ireland

F12A

Subject to the provisions of this Order, a claimant who is not a member of a joint-claim couple is entitled to a jobseeker's allowance if he satisfies—

a

the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

b

the conditions set out in Article 5.

2B

Subject to the provisions of this Order, a joint-claim couple are entitled to a jobseeker's allowance if—

a

a claim for the allowance is made jointly by the couple;

b

each member of the couple satisfies the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

c

the conditions set out in Article 5A are satisfied in relation to the couple.

2C

Regulations may prescribe circumstances in which paragraph (2A) is to apply to a claimant who is a member of a joint-claim couple.

2D

Regulations may, in respect of cases where a person would (but for the regulations) be a member of two or more joint-claim couples, make provision for only one of those couples to be a joint-claim couple; and the provision which may be so made includes provision for the couple which is to be the joint-claim couple to be nominated—

a

by the persons who are the members of the couples, or

b

in default of one of the couples being so nominated, by the Department.

3

A jobseeker's allowance is payable in respect of a week.

4

In this Order—

  • “a contribution-based jobseeker's allowance” means a jobseeker's allowance entitlement to which is based on the claimant's satisfying conditions which include those set out in Article 4;F1. . .

  • “an income-based jobseeker's allowance” means a jobseeker's allowance entitlement to which is based on the claimant's satisfying conditions which include those set out in Article 5.F1 or a joint-claim jobseeker's allowance;

  • F1“a joint-claim couple” means aF3 couple who—

    1. a

      are not members of any family whose members include a person in respect of whom a member of the couple is entitled to child benefit, and

    2. b

      are of a prescribed description;

  • “a joint-claim jobseeker's allowance” means a jobseeker's allowance entitlement to which arises by virtue of paragraph (2B).