Jobseekers Act 1995

The Social Security Contributions and Benefits Act 1992 (c.4) E+W+S+N.I.

22 In section 22 of the Benefits Act (earnings factors), in subsections (2)(a) and (5), after “entitlement to" insert, in each case, “a contribution-based jobseeker’s allowance or to". E+W+S

23 In section 61 of the Benefits Act (exclusion of increase of benefit for failure to satisfy contribution condition), for subsection (2) substitute— E+W+S

“(2) Where a person is entitled to short-term incapacity benefit at a rate determined under section 30B(3) above and the retirement pension by reference to which the rate of the benefit is determined—

(a) would have been payable only by virtue of section 60 above, and

(b) would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension,

the benefit shall not be increased under section 47(1) above or under Part IV below on account of a child or an adult”.

24 In section 82 of the Benefits Act (short-term benefit: increase for adult dependants), for subsection (2) substitute- E+W+S

“(2) Subject, in particular, to subsection (5) and section 87 below, the weekly rate of a maternity allowance shall be increased by the amount specified in relation to that benefit in Schedule 4, Part IV, column (3) (“the amount of the relevant increase") for any period to which this subsection applies by virtue of subsection (3) or (4) below.”

25 In section 84 of the Benefits Act (pension increase for dependent husband), for subsection (1)(a) substitute— E+W+S

“(a) which began immediately on the termination of a period for which the pensioner was entitled to an increase in incapacity benefit by virtue of any provision of regulations under section 86A below prescribed for the purposes of this paragraph, and”.

26 In section 87 of the Benefits Act (rate of increase where associated retirement pension is attributable to reduced contributions), for subsection (1)(a) substitute— E+W+S

“(a) is entitled to short-term incapacity benefit under section 30A(2)(b) above; and”.

27 In section 91 of the Benefits Act (effect of trade disputes on entitlement to dependency increases), for subsection (2) substitute— E+W+S

“(2) A person falls within this subsection if—

(a) he is prevented from being entitled to a jobseeker’s allowance by section 14 of the Jobseekers Act 1995 (trade disputes); or

(b) he would be so prevented if he were otherwise entitled to that benefit.”

28 In section 116 (application to Her Majesty’s forces), in subsection (2), for the words following “provide" substitute- “, in the case of persons who are employed earners in respect of their membership of those forces, for reducing the rate of the contributions payable in respect of their employment and for determining— E+W+S+N.I.

(a) the amounts payable on account of those contributions by the Secretary of State and the time and manner of payment, and

(b) the deduction (if any) to be made on account of those contributions from the pay of those persons.”

29 In section 122(1) of the Benefits Act (interpretation of Parts I to VI of that Act), after the definition of “contract of service" insert— E+W+S

““contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”

30 (1) Section 124 of the Benefits Act (entitlement to income support) is amended as follows. E+W+S

(2) For subsection (1)(a) substitute-

“(a) he is of or over the age of 16;”.

(3) Omit “and" at the end of subsection (1)(c).

(4) For subsection (1)(d) substitute—

“(d) except in such circumstances as may be prescribed, he is not receiving relevant education;”.

(5) In subsection (1), after paragraph (d) insert—

“(e) he falls within a prescribed category of person; and

(f) he is not entitled to a jobseeker’s allowance and, if he is a member of a married or unmarried couple, the other member of the couple is not entitled to an income-based jobseeker’s allowance.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1 Sch. 2 para. 30 wholly in force at 7.10.1996; Sch. 2 para. 30 not in force at Royal Assent, see s. 41(2); Sch. 2 para. 30(5) in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; Sch. 2 para. 30 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)

31 In section 126 of the Benefits Act (income support: trade disputes)— E+W+S

(a) in subsection (1)(a), for “is disqualified under section 27 above for receiving unemployment benefit" substitute “is prevented from being entitled to a jobseeker’s allowance by section 14 of the Jobseekers Act 1995 (trade disputes)"; and

(b) in subsection (1)(b), for “disqualified" substitute “prevented".

32 In section 127 of the Benefits Act (effect of return to work), for “disqualified for receiving unemployment benefit" substitute “prevented from being entitled to a jobseeker’s allowance". E+W+S

33 In section 128 of the Benefits Act (family credit), in subsection (4)(b), after “income support" insert “, an income-based jobseeker’s allowance". E+W+S

34 In section 129 of the Benefits Act (disability working allowance), in subsections (2)(a)(iii) and (7)(b), in each case after “income support" insert “, an income-based jobseeker’s allowance". E+W+S

35 (1) Section 137 of the Benefits Act (interpretation of Part VII and supplementary provisions) is amended as follows. E+W+S

(2) In subsection (1), after the definition of “family" insert—

““income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”.

(3) In subsection (2), for paragraph (d) substitute—

“(d) as to circumstances in which a person is or is not to be treated as engaged or normally engaged in remunerative work;”.

36 (1) Schedule 7 to the Benefits Act (industrial injuries benefits) is amended as follows. E+W+S

(2) In paragraph 3(10), for “it has for the purposes of unemployment benefit" substitute “a jobseeking period and any period linked to such a period has for the purposes of the Jobseekers Act 1995.".

(3) For paragraph 13(10) substitute—

“(10) “Day of interruption of employment” means a day which forms part of—

(a) a jobseeking period (as defined by the Jobseekers Act 1995), or

(b) a linked period (as defined by that Act).”.

37 In Schedule 13 to the Benefits Act (relationship of statutory maternity pay with benefits and other payments), for paragraph 1 substitute— E+W+S

“1 Except as may be prescribed, a day which falls within the maternity pay period shall not be treated as a day of incapacity for work for the purposes of determining, for this Act, whether it forms part of a period of incapacity for work for the purposes of incapacity benefit.”.