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Jobseekers Act 1995

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  • 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 S. 4(2)(a) repealed (8.5.2012) by 2012 c. 5, s. 150(3), Sch. 14 Pt. 2 without ever being in force.)
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  • 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  • Sch. 1 para. 18(b)(c) repealed by 2012 c. 5 Sch. 14 Pt. 1

7 Actively seeking employment.E+W+S

(1)For the purposes of this Act, a person is actively seeking employment in any week if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment.

(2)Regulations may make provision—

(a)with respect to steps which it is reasonable, for the purposes of subsection (1), for a person to be expected to have to take in any week;

(b)as to circumstances (for example, his skills, qualifications, abilities and physical or mental limitations) which, in particular, are to be taken into account in determining whether, in relation to any steps taken by a person, the requirements of subsection (1) are satisfied in any week.

(3)Regulations may make provision for acts of a person which would otherwise be relevant for purposes of this section to be disregarded in such circumstances (including circumstances constituted by, or connected with, his behaviour or appearance) as may be prescribed.

(4)Regulations may prescribe circumstances in which, for the purposes of this Act, a person is to be treated as actively seeking employment.

(5)Regulations under subsection (4) may, in particular, provide for a person who is actively seeking employment—

(a)only in his usual occupation,

(b)only at a level of remuneration not lower than that which he is accustomed to receive, or

(c)only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive,

to be treated, for the permitted period determined in his case for the purposes of section 6(5), as actively seeking employment during that period.

(6)Regulations may provide for this section, and any regulations made under it, to have effect in relation to a person who has reached the age of 16 but not the age of 18 as if “employment” included “training".

(7)Where it has been determined [F1(“the first determination")] that a person is to be treated, for the purposes of this Act, as actively seeking employment in any week, the question whether he is actively seeking employment in that week may subsequently be determined [F2under section 9 or 10 of the Social Security Act 1998].

(8)For the purposes of this section—

  • employment” means employed earner’s employment or, in prescribed circumstances—

(a)self-employed earner’s employment; or

(b)employed earner’s employment and self-employed earner’s employment; and

employed earner’s employment” and “self-employed earner’s employment” have the same meaning as in the Benefits Act.

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Amendments (Textual)

F1Words in s. 7(7) repealed (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86, 87(2), Sch. 7 para. 135(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))

F2Words in s. 7(7) substituted (18.10.1999 for specified purposes and otherwiseprosp.) by 1998 c. 14, ss. 86(1), 87(2), Sch. 7 para. 135(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))

Commencement Information

I1S. 7 wholly in force at 7.10.1996; s. 7 not in force at Royal Assent, see s. 41(2); s. 7(2)(3)(4)(5)(6)(8) in force (12.12.1995) for the purpose of authorising the making of regulations by S.I. 1995/3228, art. 2(b), Sch.; s. 7 in force (7.10.1996) in so far as not already in force by S.I. 1996/2208, art. 2(b)

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