SCHEDULES

SCHEDULE 3Consequential amendments relating to Part 1

Jobseekers Act 1995 (c. 18)

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I1I31

The Jobseekers Act 1995 is amended as follows.

I22

In section 1 (the jobseeker's allowance), in subsection (2) (conditions of entitlement), for paragraph (f) substitute—

f

does not have limited capability for work;

I23

In section 3 (income-based conditions), in subsection (1)—

a

in paragraph (b), for “or state pension credit” substitute “ , state pension credit or an income-related employment and support allowance ”;

b

after paragraph (dd) insert—

de

is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;

I24

In section 3A (conditions for claims by joint-claim couples), in subsection (1), after paragraph (cc) insert—

cd

that neither member of the couple is entitled to an income-related employment and support allowance;

I1I35

In section 35 (interpretation)—

a

in subsection (1), after the definition of “income-based jobseeker's allowance” insert—

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

b

in subsection (2), for “capable of work” substitute “ limited capability for work ”.

I26

In Schedule 1 (supplementary provisions), for paragraph 2, and the italic cross-heading immediately preceding it, substitute—

Limited capability for work

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1

The question whether a person has, or does not have, limited capability for work shall be determined, for the purposes of this Act, in accordance with the provisions of Part 1 of the Welfare Reform Act 2007 (employment and support allowance).

2

References in Part 1 of the Welfare Reform Act 2007 to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this Act, as references to the purposes of this Act.