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Welfare Reform Act 2009

18D: Section 18C: supplemental

293.Subsection (2) states that those who are subject to a jobseeker’s direction under section 16 of the Jobseekers Act 1995 are not regarded as having breached a direction under the requirements in sections 18A and 18B of that Act. Section 16 allows the Secretary of State to provide JSA to 16 to17 year olds on grounds of hardship, and section 16(3)(b) allows that payment to be revoked if the person is seen to have failed to avail himself or herself of a place on a training scheme, or has lost that place, without demonstrating good cause for doing so, under section 17(3)(b) of the 1995 Act.

294.Regulations can prescribe circumstances in which a person can be considered not to have left employment voluntarily.

295.Regulations must provide that those claiming the form of JSA where they do not have to satisfy the jobseeking conditions are not sanctioned for leaving employment after taking a job and may provide that they are not sanctioned for not completing a training scheme.

296.Subsections (7) and (8) of new section 18C are regulation-making powers which will prescribe what can be considered good cause for failing to carry out a jobseeker’s direction. The amount of payment for the employment cannot be considered good cause through regulations made under these powers.

297.Paragraph 6 of Schedule 1 substitutes new provisions for sections 19 and 20 of the Jobseekers Act 1995.

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