The Jobseeker's Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011

PART 2 E+W+S Selection for and participation in the Employment, Skills and Enterprise Scheme

Selection for participation in the Scheme E+W+S

3.  The Secretary of State may select a claimant for participation in the Scheme.

Requirement to participate and notification E+W+S

4.—(1) Subject to regulation 5, a claimant (“C”) selected under regulation 3 is required to participate in the Scheme where the Secretary of State gives C a notice in writing complying with paragraph (2).

(2) The notice must specify—

(a) that C is required to participate in the Scheme;

(b) the day on which C's participation will start;

(c) details of what C is required to do by way of participation in the Scheme;

(d) that the requirement to participate in the Scheme will continue until C is given notice by the Secretary of State that C's participation is no longer required, or C's award of jobseeker's allowance terminates, whichever is earlier;

(e) information about the consequences of failing to participate in the Scheme.

(3) Any changes made to the requirements mentioned in paragraph (2)(c) after the date on which C's participation starts must be notified to C in writing.

Circumstances in which requirement to participate in the Scheme is suspended or ceases to apply E+W+S

5.—(1) Where a claimant (“C”) is—

(a) subject to a requirement to participate in the Scheme, and

(b) while C is subject to such a requirement, the Jobseeker's Allowance Regulations apply so that C is not required to meet the jobseeking conditions M1

C's requirement to participate in the Scheme is suspended for the period during which C is not required to meet the jobseeking conditions.

(2) A requirement to participate in the Scheme ceases to apply to a claimant (“C”) if—

(a) the Secretary of State gives C notice in writing that C is no longer required to participate in the Scheme, or

(b) C's award of jobseeker's allowance terminates,

whichever is earlier.

(3) Where paragraph (2)(a) applies, the requirement ceases to apply on the day specified in the notice.

Marginal Citations

M1 See section 17A(10) of the Act for the meaning of the “jobseeking conditions”.

[F1 Requirement to meet the jobseeking conditions E+W+S

5A.— (1) A claimant who is participating in the Scheme is not required to meet the condition set out in section 1(2)(c) of the Act (conditions for entitlement to a jobseeker’s allowance: actively seeking employment) if the claimant is also participating in New Enterprise Allowance.

(2) A claimant who is participating in the Scheme is not required to meet the conditions set out in section 1(2)(a) and (c) of the Act (conditions for entitlement to a jobseeker’s allowance: available for and actively seeking employment) if the claimant is a full-time student.]

[F2 (3) A claimant who is participating in the Scheme is not required to meet the conditions set out in section 1(2)(a) and (c) of the Act if the claimant has been discharged from detention in a prison, remand centre or youth custody institution, for one week commencing with the date of that discharge.]

Textual Amendments

F1 Reg. 5A inserted (5.8.2011) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2011 (S.I. 2011/1707), regs. 1, 3(3)

F2 Reg. 5A(3) inserted (1.3.2012) by The Jobseeker's Allowance (Jobseeking and Work for Your Benefit) (Amendment and Revocation) Regulations 2012 (S.I. 2012/397), regs. 1, 3