PART 3Working-age benefits
CHAPTER 4Entitlement to work
Entitlement to work: jobseeker's allowance66
1
The Jobseekers Order is amended as follows.
2
In Article 3 (jobseeker's allowance), in paragraph (2), before sub-paragraph (a) insert—
za
is entitled to be in employment in the United Kingdom;
3
In that Article, after paragraph (3) insert—
3A
For the purposes of paragraph (2)(za), a person is entitled to be in employment in the United Kingdom if, and only if—
a
the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or
b
the person has been granted such leave and—
i
the leave is not invalid,
ii
the leave has not for any reason ceased to have effect, and
iii
the leave is not subject to a condition preventing the person from accepting any employment.
4
In Schedule 1 (supplementary provisions), after paragraph 8 insert—
8ZA
Regulations may prescribe circumstances in which a person may be entitled to a jobseeker's allowance without being entitled to be in employment in the United Kingdom.
Entitlement to work: employment and support allowance67
1
The Welfare Reform Act (Northern Ireland) 2007 is amended as follows.
2
In section 1 (employment and support allowance), in subsection (3), before paragraph (a) insert—
za
is entitled to be in employment in the United Kingdom,
3
In that section, after subsection (3A) insert—
3B
For the purposes of subsection (3)(za), a person is entitled to be in employment in the United Kingdom if, and only if—
a
the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or
b
the person has been granted such leave and—
i
the leave is not invalid,
ii
the leave has not for any reason ceased to have effect, and
iii
the leave is not subject to a condition preventing the person from accepting any employment.
4
In Schedule 2 (supplementary provisions), after paragraph 4A (as inserted by Article 60) insert—
Entitlement to work in the United Kingdom
4B
Regulations may provide that in prescribed circumstances a person who is not entitled to be in employment in the United Kingdom may nevertheless be entitled to an employment and support allowance.
Entitlement to work: maternity allowance and statutory payments68
1
The Contributions and Benefits Act is amended as follows.
2
In section 35 (state maternity allowance)—
a
in subsection (1), after paragraph (d) insert—
and
e
at the commencement of the week referred to in paragraph (a) above she was entitled to engage in the employment referred to in paragraph (b) above.
b
in subsection (3), before paragraph (a) insert—
za
for circumstances in which subsection (1)(e) above does not apply;
3
In section 160 (statutory maternity pay)—
a
in subsection (2), after paragraph (a) insert—
aa
that at the end of the week immediately preceding that 14th week she was entitled to be in that employment;
b
in subsection (9), after paragraph (d) insert—
da
provide for circumstances in which subsection (2)(aa) above does not apply;
4
In section 167ZA (statutory paternity pay: birth)—
a
in subsection (2), after paragraph (b) insert—
ba
that at the end of the relevant week he was entitled to be in that employment;
b
after subsection (3) insert—
3A
Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.
5
In section 167ZB (statutory paternity pay: adoption)—
a
in subsection (2), after paragraph (b) insert—
ba
that at the end of the relevant week he was entitled to be in that employment;
b
after subsection (3) insert—
3A
Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.
6
In section 167ZL (statutory adoption pay: entitlement)—
a
in subsection (2), after paragraph (b) insert—
ba
that at the end of the relevant week he was entitled to be in that employment;
b
in subsection (3), after “(2)(b)” insert “
, (ba)
”
;
c
in subsection (8), before paragraph (a) insert—
za
exclude the application of subsection (2)(ba) above in prescribed circumstances;
7
After section 169 (age) insert—
169AEntitlement to be in employment
For the purposes of this Act a person is entitled to engage in or to be in any employment if (and only if)—
a
the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or
b
the person has been granted such leave and—
i
the leave is not invalid,
ii
the leave has not for any reason ceased to have effect, and
iii
the leave is not subject to a condition preventing the person from accepting that employment.
8
In Schedule 11 (statutory sick pay: circumstances in which periods of entitlement do not arise)—
a
in paragraph 2, after sub-paragraph (h) insert—
i
the employee is not entitled to be in his employment on the relevant date.
b
after paragraph 8 insert—
9
Paragraph 2(i) above does not apply in prescribed circumstances.
Entitlement to work: statutory shared parental pay69
1
Part 12ZC of the Contributions and Benefits Act (inserted by section 5 of the Work and Families Act (Northern Ireland) 2015) is amended as follows.
2
In section 167ZU(2) (entitlement: birth) after paragraph (c) insert—
ca
that at the end of that prescribed week the claimant mother was entitled to be in that employment,
3
In section 167ZU(4) (entitlement: birth) after paragraph (d) insert—
da
that at the end of that prescribed week the claimant was entitled to be in that employment,
4
In section 167ZW(2) (entitlement: adoption) after paragraph (c) insert—
ca
that at the end of that prescribed week claimant A was entitled to be in that employment,
5
In section 167ZW(4) (entitlement: adoption) after paragraph (d) insert—
da
that at the end of that prescribed week claimant B was entitled to be in that employment,