The Social Security and Child Support (Jobseeker’s Allowance) (Transitional Provisions) (Amendment) Regulations 1996

Statutory Instruments

1996 No. 2378

SOCIAL SECURITY

FAMILY LAW

CHILD SUPPORT

The Social Security and Child Support (Jobseeker’s Allowance) (Transitional Provisions) (Amendment) Regulations 1996

Made

12th September 1996

Laid before Parliament

16th September 1996

Coming into force

6th October 1996

The Secretary of State for Social Security, in exercise of powers conferred by sections 35(1), 36(2) to (5) and 40 of the Jobseekers Act 1995(1) and section 51 of the Child Support Act 1991(2) and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that proposals in respect of regulation 2 should not be referred to it(3) hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security and Child Support (Jobseeker’s Allowance) (Transitional Provisions) (Amendment) Regulations 1996 and shall come into force on 6th October 1996.

Amendment of the Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations 1996

2.  For regulation 5 of the Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations 1996(4) there shall be substituted the following regulation—

“Transition from unemployment benefit to a Jobseeker’s Allowance

5.   In regulation 5 of the Transitional Provisions Regulations (transition from unemployment benefit to a jobseeker’s allowance) for paragraphs (1) and (2) there shall be substituted the following paragraphs—

“(1) Paragraph (1A) shall apply in the case of a person to whom unemployment benefit was payable in respect of the relevant day.

(1A) In a case where, in accordance with a notice issued to him under regulation 19 of, and paragraph 1 of Schedule 5 to, the Claims and Payments Regulations, a person claims unemployment benefit—

(a) on or after 7th October 1996 but before 13th October 1996 and in consequence of that claim unemployment benefit is awarded, that award shall have effect as—

(i) an award of unemployment benefit until the end of the benefit week that includes the relevant day; and

(ii) thereafter as an award of a jobseeker’s allowance until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case;

(b) on or after 14th October 1996 but before 20th October 1996 and in consequence of that claim unemployment benefit is awarded, that award shall have effect as—

(i) an award of unemployment benefit for the first benefit week falling within the period of the claim; and

(ii) thereafter as an award of a jobseeker’s allowance until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case.

(2) An award of unemployment benefit—

(a) made in accordance with regulation 17(2)(b) of the Claims and Payments Regulations; or

(b) made on or after 7th October 1996 for a period commencing before 7th October 1996,

and which extends beyond the benefit week which includes the relevant day shall terminate at the end of that benefit week.”.”

Amendment of the Child Support (Miscellaneous Amendments) Regulations 1996

3.—(1) Regulation 25 of the Child Support (Miscellaneous Amendments) Regulations 1996 (transitional provisions)(5) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (3), for the words “continue to apply” there shall be substituted the words “apply with the amendments made by regulation 5(6) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996(6)”.

(3) In paragraph (4), for the words “continue to apply” there shall be substituted the words “apply with the amendments made by regulation 5(11) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996”.

Peter Lilley

Secretary of State,

Department of Social Security

12th September 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Jobseeker’s Allowance (Transitional Provisions) (Amend ment) Regulations 1996 and make provision for awards of unemployment benefit during the period 7th to 20th October 1996 to be treated in part as an award of unemployment benefit and thereafter as an award of a jobseeker’s allowance.

They also amend the Child Support (Miscellaneous Amendments) Regulations 1996 to insert references to amendments made by the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996.

These Regulations do not impose a charge on businesses.

(1)

1995 c. 18; section 35 is an interpretation section and is cited because of the meanings ascribed to the words “prescribed” and “regulations”.

(2)

1991 c. 48.

(3)

Seethe Social Security Administration Act 1992, section 173(1)(b).

(4)

S.I. 1996/1515.

(5)

S.I. 1996/1945.

(6)

S.I. 1996/1345.