The Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2008

Statutory Instruments

2008 No. 13

SOCIAL SECURITY

The Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2008

Made

8th January 2008

Laid before Parliament

14th January 2008

Coming into force

25th February 2008

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 1(2C) and (4)(b), 35(1) and 36(2) and (4) of, and paragraph 8A of Schedule 1 to, the Jobseekers Act 1995(1).

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it(2).

Citation and commencement

1.  These Regulations may be cited as the Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2008 and shall come into force on 25th February 2008.

Amendment of the Jobseeker’s Allowance Regulations 1996

2.—(1) The Jobseeker’s Allowance Regulations 1996(3) are amended as follows.

(2) In regulation 3A(1) (prescribed description of a joint-claim couple for the purposes of section 1(4))(4), for “1957” substitute “1947”.

(3) In regulation 3E(2)(l)(5) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple), for “27th October 2002” substitute “24th February 2008”.

(4) Omit regulation 3F (transitional case couples: prescribed circumstances and period for the purposes of paragraph 8A(2) of Schedule 1).

Signed by authority of the Secretary of State for Work and Pensions.

James Plaskitt

Parliamentary Under-Secretary of State,

Department for Work and Pensions

9th January 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Jobseeker’s Allowance Regulations 1996 (“the 1996 Regulations”).

Certain people have to claim a jobseeker’s allowance as a couple rather than individually (known as a joint-claims couple). Regulation 2(2) amends the 1996 Regulations with the result that joint-claim couples shall include those childless couples where at least one member of the couple was born after 28th October 1947 instead of 28^th October 1957.

Regulation 2(3) allows one member of a joint-claim couple to continue claiming a jobseeker’s allowance where that member, but not the other member, was entitled to an income-based jobseeker’s allowance on 24th February 2008. This continued claim ends when the member who was not entitled on 24th February 2008 is required to attend a place specified by an employment officer.

Regulation 2(4) revokes regulation 3F of the 1996 Regulations which is a spent provision.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1995 c.18. Section 1(2C) was inserted by, and section 1(4) was amended by, paragraph 2 of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c.30). Section 1(4) was also amended by paragraph 118 of Schedule 24 to the Civil Partnership Act 2004 (c.33). Section 35(1) is cited because of the meaning it gives to the words “prescribed” and “regulations” (both of those meanings were amended by paragraph 62 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2)). Section 36(4) was amended by paragraph 63 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999. Paragraph 8A of Schedule 1 was inserted by paragraph 16 of Schedule 1 to the Welfare Reform and Pensions Act 1999.

(2)

See section 173(1)(b) of the Social Security Administration Act 1992 (c.5).

(3)

S.I. 1996/207. Regulations 3A, 3E and 3F were inserted by S.I. 2000/1978.

(4)

Relevant amending instruments are S.I.s 2001/518 and 2002/1701.

(5)

Regulation 3E(2)(l) was inserted by S.I. 2002/1701.