12(1)The Jobseekers Act 1995 is amended as follows.E+W+S
(2)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;”.
(3)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;”.
(4)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;”.
(5)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 ”.
(6)In Schedule 1 (supplementary provisions), for paragraph 2, and the italic cross-heading immediately preceding it, substitute—
2(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.”
Commencement Information
I1Sch. 3 para. 12(1) (5) in force at 18.3.2008 for specified purposes by S.I. 2008/787, art. 2(1)
I2Sch. 3 para. 12(1) (5) in force at 27.10.2008 in so far as not already in force by S.I. 2008/787, art. 2(4)(f)
I3Sch. 3 para. 12(2)-(4) (6) in force at 27.10.2008 by S.I. 2008/787, art. 2(4)(f)