The Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2002

Statutory Instruments

2002 No. 1701

SOCIAL SECURITY

The Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2002

Made

2nd July 2002

Laid before Parliament

9th July 2002

Coming into force

28th October 2002

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 1(2C) and (4), 35(1) and 36(2) and (4) of the Jobseekers Act 1995(1) and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2002 and shall come into force on 28th October 2002.

Amendment of the Jobseeker’s Allowance Regulations 1996

2.  In the Jobseeker’s Allowance Regulations 1996(3)—

(a) in regulation 3A(1) (prescribed description of a joint-claim couple for the purposes of section 1(4)) for “19th March 1976” there shall be substituted “28th October 1957”;

(b) in regulation 3E(2) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple)—

(i) at the end of sub-paragraph (j), the word “or” shall be omitted;

(ii) after sub-paragraph (k), there shall be added the following—

“or

(1) where the other member was entitled to an income-based jobseeker’s allowance on 27th October 2002, save that this sub-paragraph shall apply only until the day on which he is required to attend at a place specified by an employment officer in a notification given or sent to him.”.

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

Malcolm Wicks

Parliamentary Under-Secretary of State

Department for Work and Pensions

2nd July 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) by prescribing that a joint-claim couple shall include those childless couples where at least one member was born after 28th October 1957. They also allow one member of such a couple to continue to claim a jobseeker’s allowance where that member was entitled to that allowance on 27th October 2002, but only until the member of the couple who is not entitled to an allowance on that day is notified that he or she is required to attend at a time and place specified by an employment officer.

These Regulations do not impose any charge on business.

(1)

1995 c. 18; section 1(2C) was inserted and section 1(4) was amended by section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 2(3). Section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

(2)

See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

(3)

S.I. 1996/207; regulations 3A and 3E were inserted by S.I. 2000/1978 and amended by S.I. 2001/518.