The Social Security (Adjudication) Amendment Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to the Social Security (Adjudication) Regulations 1995 in consequence of the replacement of unemployment benefit and income support for the unemployed by jobseeker’s allowance under the Jobseekers Act 1995.

The principal amendments are to Sections B and C of Part IV which deal with notification of decisions, questions not immediately determinable and reviews of decisions. These are amended so as to make provision in relation to jobseeker’s allowance which is comparable to that made in relation to income support. Also a new regulation is inserted which provides that where a person is in receipt of jobseeker’s allowance and he or his partner wishes to claim income support instead, or vice versa, the adjudication officer may stop the payment of the claimant’s current benefit if he is satisfied that the claimant or his partner will become entitled to the other benefit. The regulation also provides that when a person claims jobseeker’s allowance under this procedure he will not have to serve the normal three “waiting days” before he becomes entitled to the allowance.

These Regulations are made before the end of the period of 6 months beginning with the commencement of the Jobseekers Act 1995 and contain only provisions consequential upon that enactment. Accordingly they are exempt from reference to the Social Security Advisory Committee under section 173(5)(b) of the Social Security Administration Act 1992 and no such reference has been made.

These Regulations do not impose any costs on business.