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The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012

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This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 ISBN 978-0-11-152640-8

Further consequential amendments of the JSA Regulations

This sectionnoteType=Explanatory Memorandum has no associated

5.  (1)  The JSA Regulations are further amended as follows.

(2) In regulation 4 (interpretation of Parts II, IV and V)(1), omit the definition of “employment officer”.

(3) In regulation 17A (further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course) in paragraph (6)(2) for “good cause”, substitute “a good reason” and for “19(5)(b)”, substitute ”19A(2)(d), (e) or (f)”.

(4) In regulations 23 (attendance)(3) and 23A (attendance by members of a joint-claim couple)(4), for “attend at such place and at such time”, in each place where it appears, substitute “participate in an interview in such manner, time and place”.

(5) Regulation 24 (provision of information and evidence) is amended as follows—

(a)in paragraph (8)(5), for “when he attends” substitute “at the time he is required to participate in an interview”;

(b)in paragraph (10)(6), for “on the day on which he is required to attend” substitute “at the time he is required to participate in an interview”.

(6) In regulation 27 (where entitlement is not to cease under regulation 25(1)(c))(7) for “good cause” substitute “a good reason”.

(7) Regulations 27A to 30 are revoked.

(8) In regulation 47 (jobseeking period)(8) in paragraph (4)(b)(ii), for “regulation 27A or regulations made under section 17A or by virtue of section 19” and “regulation 27A or section 20A” substitute, in both places, “section 19 or 19A or regulation 69B”.

(9) In regulation 52 (persons treated as engaged in remunerative work) in paragraph (1) for “good cause” substitute “a good reason”.

(10) In regulation 55 (short periods of sickness)(9) in paragraph (1)(a) omit from “or is a person whose” to “section 17A”.

(11) In regulation 55A (periods of sickness and persons receiving treatment outside Great Britain)(10) in paragraph (1)(a) omit from “or is a person whose” to “section 17A”.

(12) In regulation 61 (other young persons in prescribed circumstances)(11) paragraph (1)(f) is amended as follows—

(a)for “section 19(5)(b) or (c) or section 19(6)(c) or (d) or section 20A(2)(b), (c), (f) or (g)”, substitute “section 19(2)(c) or (d) or section 19A(2)(d), (e), (f) or (g)”;

(b)for “rendered not payable in accordance with section 19(6)(a) or (b)”, substitute “reduced in accordance with section 19(2)(a) or (b)”.

(13) Regulation 63 (reduced payments under section 17)(12) is amended as follows—

(14) in paragraphs (1)(b)(i) and (ii), (c)(i), (d)(i) and (4), for “good cause”, in all places where those words appear, substitute “a good reason”;

(a)in paragraph (1)(b) for the words from “section 19(5)(b)” to “Part V”, substitute “section 19(2)(a) or (b) or section 19A(2)(c) to (g)”.

(b)in paragraph (1)(c)(i)—

(i)for “section 19(5)(b)(i), (ii) or (iv)”, in both places where this reference appears, substitute “section 19A(2)(d) or (e) or failed to attend a training scheme or employment programme”; and

(ii)omit “or section 20A(2)(b)(i), (ii) or (iv)”, in both places where this reference appears;

(c)in paragraph (1)(d)(i)—

(i)for “done an act or omission falling within section 19(5)(b)(iii)”, in both places where those words appear, substitute “given up a place on a training scheme or employment programme”; and

(ii)omit “or section 20A (2)(b)(iii)”, in both places where this reference appears;

(d)in paragraph (4)—

(i)for “done an act or omission falling within section 19(5)(b)(iii)” substitute “given up a place on a training scheme or employment programme”;

(ii)omit “or section 20A(2)(b)(iii)”;

(iii)for “ section 19(5)(c)” substitute “section 19A(2)(g)”; and

(iv)omit “or section 20A(2)(c)”.

(15) In regulation 64 (availability for employment)(13), in paragraph (2), for the words from “section 19(5)(b)” to “section 20A(2)(d) or (e)” substitute “section 19A(2)(d), (e), (f) or (g) or section 19(2)(c) or (d) or in accordance with section 19(2)(a) or (b)”.

(16) In regulation 65 (active seeking)(14), in paragraph (5)—

(a)omit “whose jobseeker’s allowance is not payable by virtue of regulation 27A, or”; and

(b)for the words from “section 19(5)(b)” to “section 20A(2)(d) or (e)”substitute “section 19A(2)(a), (d), (e), (f) or (g) or section 19(2)(c) or (d) or in accordance with section 19(2)(a) or (b)”.

(17) Regulation 66 (the jobseeker’s agreement)(15), in paragraph (1) for the words from “may be rendered” to “20B” substitute “section 19(2)(a), (b), (c) or (d) or section 19A(2)(a), (c), (d), (e), (f) or (g)”.

(18) Regulation 67 (sanctions)(16) is amended as follows—

(a)for “good cause” in all places where those words appear, substitute “a good reason”;

(b)in paragraph (1)—

(i)for “section 19(5)(b) or section 20A(2)(b)”, in all places where those references appear, substitute “section 19A(2)(d), (e) or (f)”.

(ii)in sub-paragraph (b), for “section 19(5)(b)(i), (ii), or (iv) or section 20A(2)(b)(i), (ii) or (iv)” substitute “section 19A(2)(d) or (e) or failed to attend a training scheme or employment programme” and for “ in the case of an act or omission falling within section 19(5)(b) (iii) or section 20A(2)(b)(iii)” substitute “in the case where he has given up a place on a training scheme or employment programme”;

(c)in paragraph (2)—

(i)for “section 19(6)(c) or (d) or section 20A(2)(f) or (g)”, in all places where those references appear, substitute “section 19A(2)(c) or (d)”

(ii)for “section 19(5)(b) or (c) or section 20A(2)(b) or (c)”, substitute “section 19A(2)(d), (e), (f) or (g)”, and

(iii)for “or rendered not payable in accordance with section 19(6)(a) or (b) or section 20A(2)(d) or (e)” substitute “section 19(2)(a) or (b)”;

(d)in paragraph (3)—

(i)for “done an act or omission falling within section 19(5)(b)(iii) or section 20A(2)(b)(iii)” substitute “given up a place on a training scheme or employment programme”; and

(ii)for “section 19(5)(c) or section 20A(2)(c)” substitute “section 19A(2)(g)”.

(19) Regulation 68 (reduced amount of allowance)(17) is amended as follows—

(a)in paragraph (1)—

(i)omit from “satisfies” to “27A or”; and

(ii)for the words from “section 19(5)” to “(f) or (g)” substitute “section 19(2)(c) or (d) or section 19A(2)(a), (c), (d), (e), (f) or (g)”.

(b)in paragraph (2)—

(i)omit from “satisfies” to “27A or” ; and

(ii)for the words from “section 19(5)” to “(f) or (g)” substitute “section 19(2)(c) or (d) or section 19A(2)(a), (c), (d), (e), (f) or (g)”.

(20) In regulation 87 (transitional supplement to income-based jobseeker’s allowance)(18), paragraph (7)(b) is amended as follows—

(a)in sub-paragraph (a) of the inserted paragraph (2A), for “section 19(6)(a) or (b)” substitute “section 19(2)(a) or (b)”; and

(b)in the inserted paragraph (2B), for “section 19(6)(b)” substitute “section 19(2)(b)”.

(21) In regulation 152 (relevant week)(19), in paragraph (1)(c), for the words from “is not payable” to “(circumstances in which a jobseeker’s allowance is not payable)”, substitute “is reduced for any period in accordance with regulations 69, 69A or 69B”.

(22) In regulation 161 (additional conditions for payment of a jobseeker’s allowance)(20) in paragraph (3)(d), for “ good cause” substitute “a good reason”.

(1)

The definition of “employment officer” in regulation 4 was amended by S.I. 2010/509.

(2)

Paragraph (6) of regulation 17A was inserted by 1998/1274.

(3)

Regulation 23 was amended by S.I. 2000/2194.

(4)

Regulation 23A was inserted by S.I. 2000/2194.

(5)

Paragraph (8) of regulation 24 was amended by S.I. 2000/1978 and 2000/2194.

(6)

Paragraph (10) of regulation 24 was amended by S.I. 2000/2194 and 2000/1978.

(7)

Regulation 27 was amended by S.I. 2010/509.

(8)

Paragraph (4)(b)(ii) of regulation 47 was amended by S.I. 2001/518, 2010/509, 2010/1222 and 2011/688.

(9)

Paragraph (1)(a) of regulation 55 was amended by S.I. 1996/1517, 2000/1978, 2010/509, 2010/1222 and 2011/688.

(10)

Paragraph (1)(a) of regulation 55A was amended by S.I. 2010/509, 2010/1222 and 2011/688.

(11)

Paragraph (1)(f) of regulation 61 was amended by S.I. 2000/1978.

(12)

Regulation 63 was amended by S.I. 2000/1978.

(13)

Regulation 64 was amended by S.I. 2000/3336.

(14)

Paragraph (5) of regulation 65 was amended by S.I. 2000/3336 and 2010/509.

(15)

Paragraph (1) of regulation 66 was amended by S.I. 2000/1978 and 2010/509.

(16)

Regulation 67 was amended by S.I. 2000/1978.

(17)

Regulation 68 was amended by S.I. 2000/1978 and 2010/509.

(18)

Regulation 87 has been amended in ways not material to these Regulations.

(19)

Paragraph 1(c) of regulation 152 was amended by S.I. 2010/509, 2011/688 and 2000/1978.

(20)

Regulation 161 has been amended in ways not material to these Regulations.

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