Search Legislation

Jobseekers Act 1995

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Jobseekers Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 1(1A) substituted for s. 1(2)-(2D) by 2009 c. 24 s. 4(2)(a) (This amendment not applied to legislation.gov.uk. S. 4(2)(a) repealed (8.5.2012) by 2012 c. 5, s. 150(3), Sch. 14 Pt. 2 without ever being in force.)
  • s. 1(2)(za) inserted by 2012 c. 5 s. 61(2)
  • s. 1(3A) inserted by 2012 c. 5 s. 61(3)
  • s. 1A 1B inserted by 2009 c. 24 s. 4(3)
  • s. 1A(6) repealed by 2009 c. 24 Sch. 7 Pt. 1
  • s. 2(3C)(d) words repealed by 2012 c. 5 Sch. 14 Pt. 1
  • s. 2(3C)(e) and word repealed by 2012 c. 5 Sch. 14 Pt. 1
  • s. 3(1A) inserted by 2009 c. 24 Sch. 1 para. 10(3) (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force)
  • s. 3(1A)(a) word repealed by 2009 c. 24 Sch. 7 Pt. 1
  • s. 6-6L and cross-heading substituted for s. 6-10 by 2012 c. 5 s. 49(3)
  • s. 9(4A) amendment to earlier affecting provision 2009 c. 24 s. 31(1) by 2012 c. 5 Sch. 7 para. 15(2)(b)
  • s. 9(4A) inserted by 2009 c. 24 s. 31(1)
  • s. 11A-11C inserted by 2009 c. 24 Sch. 1 para. 3 (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force.)
  • s. 14(2A) inserted by 2009 c. 24 Sch. 1 para. 15(4) (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force.)
  • s. 15(1) (1A) substituted for s. 15(1) by 2009 c. 24 Sch. 1 para. 16(2) (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force.)
  • s. 15A(1A) inserted by 2009 c. 24 Sch. 1 para. 17(2) (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force.)
  • s. 15B inserted by 2009 c. 24 Sch. 1 para. 18 (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force.)
  • s. 18A 18B inserted by 2009 c. 24 Sch. 1 para. 4 (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force.)
  • s. 18C 18D inserted by 2009 c. 24 Sch. 1 para. 5 (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force.)
  • s. 20C 20D inserted by 2009 c. 24 s. 25(2) (This amendment not applied to legislation.gov.uk. S. 25 repealed (22.10.2012) by 2012 c. 5, Sch. 14 Pt. 3; S.I. 2012/2530, art. 2(2)(g) without ever being in force.)
  • s. 20C(7) words substituted by 2009 c. 24 Sch. 1 para. 19(b) (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force.)
  • s. 20D(6)(b) and word omitted by 2012 c. 10 Sch. 24 para. 13
  • s. 37(1)(aa) inserted by 2012 c. 5 s. 49(6)
  • Sch. 1 para. 14(1) Sch. 1 para. 14 renumbered as Sch. 1 para. 14(1) by 2009 c. 24 Sch. 1 para. 23(5)(a) (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force.)
  • Sch. 1 para. 14(2) inserted by 2009 c. 24 Sch. 1 para. 23(5)(b) (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force.)
  • Sch. 1 para. 14A inserted by 2009 c. 24 Sch. 1 para. 23(6) (This amendment not applied to legislation.gov.uk. Sch. 1 repealed (8.5.2012) by 2012 c. 5, s. 150(2)(k), Sch. 14 Pt. 2 without ever being in force.)
  • Sch. 1 para. 14B inserted by 2009 c. 24 s. 30(1)
  • Sch. 1 para. 8ZA inserted by 2012 c. 5 s. 61(4)
  • Sch 1 para. 9(c) inserted by 2012 c. 5 s. 105(5)(a)
  • Sch. 1 para. 18(b)(c) repealed by 2012 c. 5 Sch. 14 Pt. 1

35 Interpretation.E+W+S

(1)In this Act—

  • [F1adjudication officer” means an adjudication officer appointed under section 38 of the Administration Act;]

  • the Administration Act” means the M1Social Security Administration Act 1992;

  • applicable amount” means the applicable amount determined in accordance with regulations under section 4;

  • benefit year” has the meaning given by section 2(4);

  • the Benefits Act” means the M2Social Security Contributions and Benefits Act 1992;

  • child” means a person under the age of 16;

  • claimant” means a person who claims a jobseeker’s allowance [F2except that in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance it means the couple, or each member of the couple, as the context requires;];

  • continental shelf operations” has the same meaning as in section 120 of the Benefits Act;

  • contribution-based conditions” means the conditions set out in section 2;

  • contribution-based jobseeker’s allowance” has the meaning given in section 1(4);

  • [F3couple” means—

    (a)

    a man and woman who are married to each other and are members of the same household;

    (b)

    a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;

    (c)

    two people of the same sex who are civil partners of each other and are members of the same household; or

    (d)

    two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;]

  • employed earner” has the meaning prescribed for the purposes of this Act;

  • employment”, except in section 7, has the meaning prescribed for the purposes of this Act;

  • [F4“employment officer”, for any purpose of this Act, means an officer of the Secretary of State or such other person as may be designated for that purpose by an order made by the Secretary of State;]

  • entitled”, in relation to a jobseeker’s allowance, is to be construed in accordance with—

    (a)

    the provisions of this Act relating to entitlement; and

    (b)

    [F5section 1 of the Administration Act and section 27 of the Social Security Act 1998];

  • family” means—

    (a)

    a [F6couple];

    (b)

    a [F6couple] and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;

    (c)

    except in prescribed circumstances, a person who is not a member of a [F6couple] and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

  • [F7FAS payments” means payments made under the Financial Assistance Scheme Regulations 2005;]

  • Great Britain” includes the territorial waters of the United Kingdom adjacent to Great Britain;

  • income-based conditions” means the conditions set out in section 3;

  • income-based jobseeker’s allowance” has the meaning given in section 1(4);

  • [F8income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

  • jobseeker’s agreement” has the meaning given by section 9(1);

  • [F9jobseeker's direction” has the meaning given by section 19A;]

  • jobseeking period” has the meaning prescribed for the purposes of this Act;

  • [F10joint-claim couple” and “joint-claim jobseeker’s allowance” have the meanings given by section 1(4);]

  • F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F12the nominated member”, in relation to a joint-claim couple, shall be construed in accordance with section 3B(4);]

  • occupational pension scheme” has the same meaning as it has in the M3Pension Schemes Act 1993 by virtue of section 1 of that Act;

  • pensionable age” has the meaning prescribed for the purposes of this Act;

  • pension payments” means—

    (a)

    periodical payments made in relation to a person, under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme; and

    (b)

    such other payments as may be prescribed;

  • personal pension scheme” means—

    (a)

    a personal pension scheme as defined by section 1 of the M4Pension Schemes Act 1993;

    (b)

    [F13an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004; and

    (c)

    a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;]

  • [F14PPF payments” means any payments made in relation to a person—

    (a)

    payable under the pension compensation provisions as specified in section 162(2) of the Pensions Act 2004 or Article 146(2) of the Pensions (Northern Ireland) Order 2005 (the pension compensation provisions); or

    (b)

    payable under section 166 of the Pensions Act 2004 or Article 150 of the Pensions (Northern Ireland) Order 2005 (duty to pay scheme benefits unpaid at assessment date etc.);]

  • prescribed[F15, except in section 27 (and in section 36 so far as relating to regulations under section 27),] means specified in or determined in accordance with regulations;

  • public service pension scheme” has the same meaning as it has in the M5Pension Schemes Act 1993 by virtue of section 1 of that Act;

  • regulations[F15, except in section 27 (and in section 36 so far as relating to regulations under section 27),] means regulations made by the Secretary of State;

  • tax year” means the 12 months beginning with 6th April in any year;

  • trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises, or not;

  • training” has the meaning prescribed for the purposes of this Act and, in relation to prescribed provisions of this Act, if regulations so provide, includes assistance to find training or employment, or to improve a person’s prospects of being employed, of such a kind as may be prescribed;

  • F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;

  • work” has the meaning prescribed for the purposes of this Act;

  • year”, except in the expression “benefit year", means a tax year.

[F16(1A)For the purposes of this Act, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.]

(2)The expressions “ [F17limited capability for work]”, “linked period”, “relevant education” and “remunerative work” are to be read with paragraphs 2, 3, 14 and 1 of Schedule 1.

(3)Subject to any regulations made for the purposes of this subsection, “earnings” is to be construed for the purposes of this Act in accordance with section 3 of the Benefits Act and paragraph 6 of Schedule 1 to this Act.

Annotations: Help about Annotation
Close

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.

Amendments (Textual)

F1S. 35(1): Definition of "adjudication officer" repealed (18.10.1999 for specified purposes and otherwise prosp.) by 1998 c. 14, ss. 86, 87(2), Sch. 7 para. 144(a), Sch. 8; S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18) (as amended (25.11.1999) by S.I. 1999/3178, art. 3(20), Sch. 20 paras. 1(a), 2(a))

F2S. 35(1): Words in definition of "claimant" inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 15(2); S.I. 2000/2958, art. 2(2)

F4S. 35(1): definition of "employment officer" inserted (10.6.2012) by Welfare Reform Act 2012 (c. 5), ss. 44(5), 150(3); S.I. 2012/1246, art. 2(3)(a)

F5S. 35(1): Words in para. (b) in definition of "entitled" substituted (18.10.1999 for specified purposes and otherwise prosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 144(b); S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18) (as amended (25.11.1999) by S.I. 1999/3178, art. 3(20), Sch. 20 paras. 1(a), 2(a))

F8S. 35(1): definition of "income related employment and support allowance" inserted (18.3.2008 for specified purposes, otherwise 27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28(1), 70(2), Sch. 3 para. 12(5)(a); S.I. 2008/787, art. 2(1)(4)(f)

F9S. 35(1): definition of "jobseeker's direction" inserted (22.10.2012) by Welfare Reform Act 2012 (c. 5), ss. 48, 150(3), Sch. 7 para. 8; S.I. 2012/2530, art. 2(2)(f)

F10S. 35(1): definitions of "joint-claim couple" and "joint-claim jobseeker's allowance" inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 15(3); S.I. 2000/2958, art. 2(2)

F11S. 35(1): definitions of "married couple" and "unmarried couple" repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 254(1), 261(4), 263(8)(d), Sch. 24 para. 124(4), Sch. 30; S.I. 2005/3175, art. 2(1)(6), Sch. 1

F12S. 35(1): definition of "the nominated member" inserted (19.3.2001) by 1999 c. 30, s. 59, Sch. 7 para. 15(4); S.I. 2000/2958, art. 2(2)

F13S. 35(1): paras. (b) and (c) in definition of "personal pension scheme" substituted (6.4.2006) by The Taxation of Pension Schemes (Consequential Amendments) Order 2006 (S.I. 2006/745), art. 12

F15S. 35(1): words in definitions of "prescribed" and "regulations" inserted (1.4.1999) by 1999 c. 2, s. 2, Sch. 3 para. 62; S.I. 1999/527, art. 2(b), Sch. 2 (subject to arts. 3-6)

F17Words in s. 35(2) substituted (18.3.2008 for specified purposes, otherwise 27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28(1), 70(2), Sch. 3 para. 12(5)(b); S.I. 2008/1787, art. 2(1)(4)(f) (with saving in S.I. 2008/795, reg. 5)

Modifications etc. (not altering text)

C1S. 35(1): definition of "trade dispute" modified (7.10.1996) by S.I. 1996/207, reg. 160

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources