Welfare Reform Act 2009

33 Attendance in connection with jobseeker’s allowance: sanctions

(1) Section 8 of the Jobseekers Act 1995 (attendance, information and evidence) is amended as follows.

(2) In subsection (2), for paragraphs (a) to (c) (together with the “and” at the end of paragraph (c)) substitute—

“(a) prescribe circumstances in which a jobseeker’s allowance is not to be payable for a prescribed period (of at least one week but not more than two weeks) in the case of—

(i) a claimant (other than a joint-claim couple claiming a joint-claim jobseeker’s allowance) who fails to comply with any regulations made under that subsection, or

(ii) a joint-claim couple claiming a joint-claim jobseeker’s allowance a member of which fails to comply with any such regulations;

(b) provide for the consequence set out in paragraph (a) not to follow if, within a prescribed period of a person’s (“P”) failure to comply with any such regulations (“the relevant period”), P or, if P is a member of a joint-claim couple, either member of the couple—

(i) makes prescribed contact with an officer of the Secretary of State, and

(ii) shows that P had good cause for the failure;

(c) provide for entitlement to a jobseeker’s allowance to cease at such time as may be determined in accordance with any such regulations if P or, as the case may be, a member of the couple does not make prescribed contact with an officer of the Secretary of State in the relevant period;

(ca) prescribe circumstances in which a jobseeker’s allowance is to be payable in respect of a claimant even though provision made by any such regulations by virtue of paragraph (a) prevents payment of a jobseeker’s allowance in respect of the claimant; and”.

(3) After that subsection insert—

“(2A) The provision that may be made by any such regulations by virtue of subsection (2)(ca) includes, in particular, provision for a jobseeker’s allowance payable by virtue of that paragraph to be—

(a) payable only if prescribed requirements as to the provision of information are complied with;

(b) payable at a prescribed rate;

(c) payable for a prescribed period (which may differ from the period mentioned in subsection (2)(a)).”

(4) In paragraph 3(da) of Schedule 3 to the Social Security Act 1998 (c. 14) (decisions against which an appeal lies: payability of benefit), which is inserted by section 1 of this Act, after “section” insert “8 or”.