Contents

• Part I The Jobseeker’s Allowance
• Part II Back to Work Schemes
• Part III Miscellaneous and Supplemental
• Schedule 1 Supplementary Provisions
• Schedule 2 Consequential Amendments
• Schedule 3 Repeals
• Schedule A1

Part I · The Jobseeker’s Allowance

Entitlement

1The jobseeker’s allowance.#

(1)An allowance, to be known as a jobseeker’s allowance, shall be payable in accordance with the provisions of this Act.

(2)Subject to the provisions of this Act, a claimant is entitled to a jobseeker’s allowance if he—

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)satisfies the conditions set out in section 2;

(e)is not engaged in remunerative work;

(f)does not have limited capability for work;

(g)is not receiving relevant education;

(h)is under pensionable age; and

(i)is in Great Britain.

(2A)Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).

(a)

(b)

(2B)For the purposes of this Article, notice in writing of the meeting is to be taken as given to a person where notice of the meeting is sent using electronic communications to such address as may for the time being be notified by that person to the company for that purpose.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(2C)For the purposes of this Article a notice in writing of the meeting is also to be treated as given to a person where—

and for the purposes of this Article a notice treated in accordance with this paragraph as given to any person is to be treated as so given at the time of the notification mentioned in sub-paragraph (c).

(2D)A notification given for the purposes of paragraph (2C)(c) must—

(a)

(b)

(3)A jobseeker’s allowance is payable in respect of a week.

(4)In this Act—• “a contribution-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant’s satisfying conditions which include those set out in section 2; ^note...• “an income-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant’s satisfying conditions which include those set out in section 3 or a joint-claim jobseeker’s allowance;• “a joint-claim couple” means a couple who—(a) are not members of any family whose members include a person in respect of whom a member of the couple is entitled to child benefit, and(b) are of a prescribed description;• “a joint-claim jobseeker’s allowance” means a jobseeker’s allowance entitlement to which arises by virtue of subsection (2B).

2The contribution-based conditions.#

(1)The conditions referred to in section 1(2)(d) are that the claimant—

(a)has actually paid Class 1 contributions in respect of one (“the base year") of the last two complete years before the beginning of the relevant benefit year and satisfies the additional conditions set out in subsection (2);

(b)has, in respect of the last two complete years before the beginning of the relevant benefit year, either paid Class 1 contributions or been credited with earnings and satisfies the additional condition set out in subsection (3);

(c)does not have earnings in excess of the prescribed amount; and

(d)is not entitled to income support.

(2)The additional conditions mentioned in subsection (1)(a) are that—

(a)the contributions have been paid before the week for which the jobseeker’s allowance is claimed;

(b)the claimant's relevant earnings for the base year upon which primary Class 1 contributions have been paid or treated as paid are not less than the base year's lower earnings limit multiplied by 26.

(2A)Regulations may make provision for the purposes of subsection (2)(b) for determining the claimant's relevant earnings for the base year.

(2B)Regulations under subsection (2A) may, in particular, make provision—

(a)for making that determination by reference to the amount of a person's earnings for periods comprised in the base year;

(b)for determining the amount of a person's earnings for any such period by—

(i)first determining the amount of the earnings for the period in accordance with regulations made for the purposes of section 3(2) of the Benefits Act, and

(ii)then disregarding so much of the amount found in accordance with sub-paragraph (i) as exceeded the base year's lower earnings limit (or the prescribed equivalent).

(3)The additional condition mentioned in subsection (1)(b) is that the earnings factor derived from so much of the claimant’s earnings as did not exceed the upper earnings limit and upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited is not less, in each of the two complete years, than the lower earnings limit for the year multiplied by 50.

(3A)Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, subsection (3) above shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.

(3B)Regulations may—

(a)provide for the first set of conditions to be taken to be satisfied in the case of persons—

(i)who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time, or

(ii)who satisfy other prescribed conditions;

(b)with a view to securing any relaxation of the requirements of the first set of conditions in relation to persons who have been entitled as mentioned in paragraph (a)(i), provide for that set of conditions to apply in relation to them subject to prescribed modifications.

(3C)In subsection (3B)—• “the first set of conditions” means the condition set out in subsection (1)(a) and the additional conditions set out in subsection (2);• “benefit” means—(za) universal credit,(a) any benefit within the meaning of section 122(1) of the Benefits Act,(b) any benefit under Parts 7 to 12 of the Benefits Act,(c) credits under regulations under section 22(5) of the Benefits Act,(d) a contribution-based jobseeker's allowance, and(e) working tax credit.

(4)For the purposes of this section—

(a)“benefit year” means a period which is a benefit year for the purposes of Part II of the Benefits Act or such other period as may be prescribed for the purposes of this section;

(b)“the relevant benefit year” is the benefit year which includes—

(i)the beginning of the jobseeking period which includes the week for which a jobseeker’s allowance is claimed, or

(ii)(if earlier) the beginning of any linked period; and

(c)other expressions which are used in this section and the Benefits Act have the same meaning in this section as they have in that Act.

3The income-based conditions.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(dd)is not a member of a couple the other member of which is entitled to state pension credit;

(de)is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(iii)is concerned jointly with or has the same interest as other persons, whether receiving legal aid, advice or assistance or not; or

(2)

(a)

(b)

(3)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(4)

3AThe conditions for claims by joint-claim couples.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(cc)that neither member of the couple is entitled to state pension credit;

(cd)that neither member of the couple is entitled to an income-related employment and support allowance;

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(2)

(3)

3BJoint-claim couples: the nominated member.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(3)

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

4Amount payable by way of a jobseeker’s allowance.#

(1)In the case of a contribution-based jobseeker’s allowance, the amount payable in respect of a claimant (“his personal rate”) shall be calculated by—

(a)determining the age-related amount applicable to him; and

(b)making prescribed deductions in respect of earnings , pension payments, PPF payments and FAS payments .

(2)The age-related amount applicable to a claimant, for the purposes of subsection (1)(a), shall be determined in accordance with regulations.

(3)

(a)

(b)

(3A)Where a company purchases one or more of its own shares in circumstances in which Article 172A applies—

(a)

(b)

(4)Except in prescribed circumstances, a jobseeker’s allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.

(5)The applicable amount shall be such amount or the aggregate of such amounts as may be determined in accordance with regulations.

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(a)

(b)

(8)

(a)

(b)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(a)

(b)

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

(11)In this Article “the Commission” means the Northern Ireland Legal Services Commission.

(11A)In paragraphs (6) to (11) “claimant” does not include—

(a)

(b)

but Article 6A, which contains corresponding provisions relating to joint-claim couples, applies instead.

(12)Regulations under subsection (5) may provide that, in prescribed cases, an applicable amount is to be nil.

4AAmount payable in respect of joint-claim couple.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(2)

(a)

(b)

(3)

(a)

(b)

(4)

(a)

(b)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)

(b)

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

(a)

(b)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

(a)

(b)

5Duration of a contribution-based jobseeker’s allowance.#

(1)The period for which a person is entitled to a contribution-based jobseeker’s allowance shall not exceed, in the aggregate, 182 days in any period for which his entitlement is established by reference (under section 2(1)(b)) to the same two years.

(2)The fact that a person’s entitlement to a contribution-based jobseeker’s allowance (“his previous entitlement") has ceased as a result of subsection (1), does not prevent his being entitled to a further contribution-based jobseeker’s allowance if—

(a)he satisfies the contribution-based conditions; and

(b)the two years by reference to which he satisfies those conditions includes at least one year which is later than the second of the two years by reference to which his previous entitlement was established.

(3)Regulations may provide that a person who would be entitled to a contribution-based jobseeker’s allowance but for the operation of prescribed provisions of, or made under, this Act shall be treated as if entitled to the allowance for the purposes of this section.

Work-related requirements

6Availability for employment. Work-related requirements#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(a)

(b)

(3)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

6AClaimant commitment#

(1)A claimant commitment is a record of a claimant's responsibilities in relation to an award of a jobseeker's allowance.

(2)A claimant commitment is to be prepared by the Secretary of State and may be reviewed and updated as the Secretary of State thinks fit.

(3)A claimant commitment is to be in such form as the Secretary of State thinks fit.

(4)A claimant commitment is to include—

(a)a record of the requirements that the claimant must comply with under this Act (or such of them as the Secretary of State considers it appropriate to include),

(b)any prescribed information, and

(c)any other information the Secretary of State considers it appropriate to include.

(5)For the purposes of this Act a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.

6BWork-focused interview requirement#

(1)In this Act a “work-focused interview requirement” is a requirement that a claimant participate in one or more work-focused interviews as specified by the Secretary of State.

(2)A work-focused interview is an interview for prescribed purposes relating to work or work preparation.

(3)The purposes which may be prescribed under subsection (2) include in particular that of making it more likely in the opinion of the Secretary of State that the claimant will obtain paid work (or more paid work or better-paid work).

(4)The Secretary of State may specify how, when and where a work-focused interview is to take place.

6CWork preparation requirement#

(1)In this Act a “work preparation requirement” is a requirement that a claimant take particular action specified by the Secretary of State for the purpose of making it more likely in the opinion of the Secretary of State that the claimant will obtain paid work (or more paid work or better-paid work).

(2)The Secretary of State may under subsection (1) specify the time to be devoted to any particular action.

(3)Action which may be specified under subsection (1) includes in particular—

(a)attending a skills assessment;

(b)improving personal presentation;

(c)participating in training;

(d)participating in an employment programme;

(e)undertaking work experience or a work placement;

(f)developing a business plan;

(g)any action prescribed for the purpose in subsection (1).

6DWork search requirement#

(1)In this Part a “work search requirement” is a requirement that a claimant take—

(a)all reasonable action, and

(b)any particular action specified by the Secretary of State,

for the purpose of obtaining paid work (or more paid work or better-paid work).

(2)The Secretary of State may under subsection (1)(b) specify the time to be devoted to any particular action.

(3)Action which may be specified under subsection (1)(b) includes in particular—

(a)carrying out work searches;

(b)making applications;

(c)creating and maintaining an online profile;

(d)registering with an employment agency;

(e)seeking references;

(f)any other action prescribed for the purpose in subsection (1).

(4)Regulations may impose limitations on a work search requirement by reference to the work to which it relates; and the Secretary of State may in any particular case specify further such limitations on such a requirement.

(5)A limitation under subsection (4) may in particular be by reference to—

(a)work of a particular nature,

(b)work with a particular level of remuneration,

(c)work in particular locations, or

(d)work available for a certain number of hours per week or at particular times,

and may be indefinite or for a particular period.

6EWork availability requirement#

(1)In this Act a “work availability requirement” is a requirement that a claimant be available for work.

(2)For the purposes of this section “available for work” means able and willing immediately to take up paid work (or more paid work or better-paid work).

(3)Regulations may impose limitations on a work availability requirement by reference to the work to which it relates; and the Secretary of State may in any particular case specify further such limitations on such a requirement.

(4)A limitation under subsection (3) may in particular be by reference to—

(a)work of a particular nature,

(b)work with a particular level of remuneration,

(c)work in particular locations, or

(d)work available for a certain number of hours per week or at particular times,

and may be indefinite or for a particular period.

(5)Regulations may for the purposes of subsection (2) define what is meant by able and willing immediately to take up work.

6FImposition of work-related requirements#

(1)The Secretary of State must, except in prescribed circumstances, impose on a claimant—

(a)a work search requirement, and

(b)a work availability requirement.

(2)The Secretary of State may, subject to this Act, impose either or both of the following on a claimant—

(a)a work-focused interview requirement;

(b)a work preparation requirement.

6GConnected requirements#

(1)The Secretary of State may require a claimant to participate in an interview for any purpose relating to—

(a)the imposition of a work-related requirement on the claimant;

(b)verifying the claimant's compliance with a work-related requirement;

(c)assisting the claimant to comply with a work-related requirement.

(2)The Secretary of State may specify how, when and where such an interview is to take place.

(3)The Secretary of State may, for the purpose of verifying the claimant's compliance with a work-related requirement, require a claimant to—

(a)provide to the Secretary of State information and evidence specified by the Secretary of State in a manner so specified;

(b)confirm compliance in a manner so specified.

(4)The Secretary of State may require a claimant to report to the Secretary of State any specified changes in their circumstances which are relevant to—

(a)the imposition of work-related requirements on the claimant;

(b)the claimant's compliance with a work-related requirement.

6HImposition of work-related and connected requirements: supplementary#

(1)Regulations may make provision—

(a)where the Secretary of State may impose a requirement under the preceding provisions of this Act, as to when the requirement must or must not be imposed;

(b)where the Secretary of State may specify any action to be taken in relation to a requirement under the preceding provisions of this Act, as to what action must or must not be specified;

(c)where the Secretary of State may specify any other matter in relation to a such requirement, as to what must or must not be specified in respect of that matter.

(2)Where the Secretary of State may impose a work-focused interview requirement, or specify a particular action under section 6C(1) or 6D(1)(b), the Secretary of State must have regard to such matters as may be prescribed.

(3)Where the Secretary of State may impose a requirement under the preceding provisions of this Act, or specify any action to be taken in relation to such a requirement, the Secretary of State may revoke or change what has been imposed or specified.

(4)Notification of a requirement imposed under the preceding provisions of this Act (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Secretary of State may determine.

(5)Regulations must make provision to secure that, in prescribed circumstances, where a claimant has recently been a victim of domestic violence—

(a)a requirement imposed on the claimant under the preceding provisions of this Act ceases to have effect for a period of 13 weeks, and

(b)the Secretary of State may not impose any other requirement on the claimant during that period.

(6)For the purposes of subsection (5)—

(a)“domestic violence“ has such meaning as may be prescribed;

(b)“victim of domestic violence” means a person on or against whom domestic violence is inflicted or threatened (and regulations under subsection (5) may prescribe circumstances in which a person is to be treated as being or not being a victim of domestic violence);

(c)a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was inflicted or threatened.

6ICompliance with work-related and connected requirements#

Regulations may make provision as to circumstances in which a claimant is to be treated as having—

(a)complied with or not complied with any requirement imposed under the preceding provisions of this Act or any aspect of such a requirement, or

(b)taken or not taken any particular action specified by the Secretary of State in relation to such a requirement.

6JHigher-level sanctions#

(1)The amount of an award of jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.

(2)It is a failure sanctionable under this section if a claimant—

(a)fails for no good reason to comply with a requirement imposed by the Secretary of State under a work preparation requirement to undertake a work placement of a prescribed description;

(b)fails for no good reason to comply with a requirement imposed by the Secretary of State under a work search requirement to apply for a particular vacancy for paid work;

(c)fails for no good reason to comply with a work availability requirement by not taking up an offer of paid work;

(d)by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay.

(3)It is a failure sanctionable under this section if, at any time before making the claim by reference to which the award is made, the claimant—

(a)for no good reason failed to take up an offer of paid work, or

(b)by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay.

(4)For the purposes of subsections (2) and (3) regulations may provide—

(a)for circumstances in which ceasing to work or losing pay is to be treated as occurring or not occurring by reason of misconduct or voluntarily;

(b)for loss of pay below a prescribed level to be disregarded.

(5)Regulations are to specify—

(a)the amount of a reduction under this section;

(b)the period for which such a reduction has effect, not exceeding three years in relation to any failure sanctionable under this section.

(6)Regulations under subsection (5)(b) may in particular provide for the period of a reduction to depend on either or both of the following—

(a)the number of failures by the claimant sanctionable under this section;

(b)the period between such failures.

(7)Regulations may provide—

(a)for cases in which no reduction is to be made under this section;

(b)for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c)for the termination or suspension of a reduction under this section.

6KOther sanctions#

(1)The amount of an award of a jobseeker's allowance is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.

(2)It is a failure sanctionable under this section if a claimant—

(a)fails for no good reason to comply with a work-related requirement;

(b)fails for no good reason to comply with a requirement under section 6G.

(3)But a failure by a claimant is not sanctionable under this section if it is also a failure sanctionable under section 6J.

(4)Regulations must specify—

(a)the amount of a reduction under this section;

(b)the period for which such a reduction has effect.

(5)Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for—

(a)a period continuing until the claimant meets a compliance condition specified by the Secretary of State,

(b)a fixed period not exceeding 26 weeks which is—

(i)specified in the regulations, or

(ii)determined in any case by the Secretary of State, or

(c)a combination of both.

(6)In subsection (5)(a) “compliance condition” means—

(a)a condition that the failure ceases, or

(b)a condition relating to future compliance with a work-related requirement or a requirement under section 6G.

(7)A compliance condition specified under subsection (5)(a) may be—

(a)revoked or varied by the Secretary of State;

(b)notified to the claimant in such manner as the Secretary of State may determine.

(8)A period fixed under subsection (5)(b) may in particular depend on either or both the following—

(a)the number of failures by the claimant sanctionable under this section;

(b)the period between such failures.

(9)Regulations may provide—

(a)for cases in which no reduction is to be made under this section;

(b)for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c)for the termination or suspension of a reduction under this section.

6LDelegation and contracting out#

(1)The functions of the Secretary of State under sections 6 to 6I may be exercised by, or by the employees of, such person as the Secretary of State may authorise for the purpose (an “authorised person”).

(2)An authorisation given by virtue of this section may authorise the exercise of a function—

(a)wholly or to a limited extent;

(b)generally or in particular cases or areas;

(c)unconditionally or subject to conditions.

(3)An authorisation under this section—

(a)may specify its duration;

(b)may be varied or revoked at any time by the Secretary of State;

(c)does not prevent the Secretary of State or another person from exercising the function to which the authorisation relates.

(4)Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State or (as the case may be) an officer of the Secretary of State.

(5)Subsection (4) does not apply—

(a)for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or

(b)for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).

(6)Where—

(a)the authorisation of an authorised person is revoked, and

(b)at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).

7Actively seeking employment.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(a)

(b)

(3)

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)For the purposes of this section—• “employment” means employed earner’s employment or, in prescribed circumstances—

(a)

(b)

8Attendance, information and evidence.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(1A)It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(2)

(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(2A)Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).

(3)

9The jobseeker’s agreement.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(3)

(3A)Where a company purchases one or more of its own shares in circumstances in which Article 172A applies—

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(a)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(b)

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(8)

(a)

(b)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

(11)In this Article “the Commission” means the Northern Ireland Legal Services Commission.

(12)In this Article—

(13)

10Variation of jobseeker’s agreement.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(2A)Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).

(3)

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(b)

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(a)

(b)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(8)

11Jobseeker’s agreement: reviews and appeals.#

(1)Any determination of, or direction given by, an adjudication officer under section 9 or 10 may be reviewed (by a different adjudication officer) on the application of the claimant or of an employment officer.

(2)Regulations may make provision with respect to the procedure to be followed on a review under this section.

(3)The claimant may appeal to a social security appeal tribunal against any determination of, or direction given by, an adjudication officer on a review under this section.

(4)A social security appeal tribunal determining an appeal under this section may give a direction of a kind which an adjudication officer may give under section 9(7)(b) or (c) or (as the case may be) section 10(6)(b) or (d).

(5)Where a social security appeal tribunal gives a direction under subsection (4) of a kind which may be given by an adjudication officer under section 10(6)(b)(ii), an adjudication officer may bring the jobseeker’s agreement to an end if the claimant fails to comply with the direction within a prescribed period.

(6)An appropriate person may, on the ground that it was erroneous in point of law, appeal to a Commissioner against the decision of a social security appeal tribunal on an appeal under this section.

(7)Any of the following is an appropriate person for the purposes of subsection (6)—

(a)the claimant;

(b)an adjudication officer;

(c)in prescribed circumstances, a trade union;

(d)in prescribed circumstances, any other association which exists to promote the interests and welfare of its members.

(8)Subsections (7) to (10) of section 23 of the Administration Act (appeals to Commissioners) shall apply in relation to appeals under this section as they apply in relation to appeals under that section.

(9)In this section “Commissioner” has the same meaning as in the Administration Act.

Miscellaneous

20EContracting out#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(2)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(3)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(4)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(8)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(a)

(b)

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

(11)In this Article “the Commission” means the Northern Ireland Legal Services Commission.

(a)

(b)

(12)In this Article—

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

21Supplementary provisions.#

Further provisions in relation to a jobseeker’s allowance are set out in Schedule 1.

22Members of the forces.#

(1)Regulations may modify any provision of this Act, in such manner as the Secretary of State thinks proper, in its application to persons who are or have been members of Her Majesty’s forces.

(2)

(3)For the purposes of this section, Her Majesty’s forces shall be taken to consist of such establishments and organisations in which persons serve under the control of the Defence Council as may be prescribed.

23Recovery of sums in respect of maintenance.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(3)

(4)

(a)

(b)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)

(b)

24Effect of alteration of rates.#

In the Administration Act, insert after section 159—“159A 1 This section applies where—a an award of a jobseeker’s allowance is in force in favour of any person (“the recipient”); andb an alteration—i in any component of the allowance, orii in the recipient’s benefit income,affects the amount of the jobseeker’s allowance to which he is entitled.2 Subsection (3) applies where, as a result of the alteration, the amount of the jobseeker’s allowance to which the recipient is entitled is increased or reduced.3 As from the commencing date, the amount of the jobseeker’s allowance payable to or for the recipient under the award shall be the increased or reduced amount, without any further decision of an adjudication officer; and the award shall have effect accordingly.4 In any case where—a there is an alteration of a kind mentioned in subsection (1)(b); andb before the commencing date (but after that date is fixed) an award of a jobseeker’s allowance is made in favour of a person,the award may provide for the jobseeker’s allowance to be paid as from the commencing date, in which case the amount of the jobseeker’s allowance shall be determined by reference to the components applicable on that date, or may provide for an amount determined by reference to the components applicable at the date of the award.5 In this section—• “alteration” means-(a) in relation to any component of a jobseeker’s allowance, its alteration by or under any enactment; and(b) in relation to a person’s benefit income, the alteration of any of the sums referred to in section 150 above by any enactment or by an order under section 150 above, to the extent that any such alteration affects the amount of the recipient’s benefit income;• “benefit income”, in relation to a recipient, means so much of his income as consists of—(a) benefit under the Contributions and Benefits Act; or(b) a war disablement pension or war widow’s pension;• “the commencing date” in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;• “component”, in relation to a jobseeker’s allowance, means any of the sums specified in regulations under the Jobseekers Act 1995 which are relevant in calculating the amount payable by way of a jobseeker’s allowance.”

25Age increases.#

In the Administration Act, insert after section 160—“160A 1 This section applies where—a an award of an income-based jobseeker’s allowance is in force in favour of a person (“the recipient"); andb a component has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age").2 If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an income-based jobseeker’s allowance of an increased amount, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of an adjudication officer; and the award shall have effect accordingly.3 Subsection (2) above does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient’s entitlement to—a a benefit under the Contributions and Benefits Act; orb a jobseeker’s allowance.4 Subsection (3)(b) above does not apply to the question—a whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient’s case; andb whether, in consequence, the amount of his income-based jobseeker’s allowance falls to be varied.5 In this section “component”, in relation to a recipient and his jobseeker’s allowance, means any of the amounts determined in accordance with regulations made under section 4(5) of the Jobseekers Act 1995.”

Denial of jobseeker’s allowance

19Higher-level sanctions#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(3)

(4)

(a)

(b)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)

(b)

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

19AOther sanctions#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(g)a resolution of the directors passed under Article 157(2) (alteration of memorandum on company ceasing to be a public company, following acquisition of its own shares);

(3)

(4)

(a)

(b)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)

(b)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(a)

(b)

(8)

(a)

(b)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(a)

(b)

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

(11)In this Article “the Commission” means the Northern Ireland Legal Services Commission.

(a)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(b)

19BClaimants ceasing to be available for employment etc#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(2)

(a)

(b)

(3)

(a)

(b)

(4)

(a)

(b)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

19CHardship payments#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(2)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

20Exemptions from section 19 and 19A.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(a)

(b)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Regulations shall be subject to negative resolution.

(a)

(b)

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

20A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Income and capital

12Income and capital: general.#

(1)In relation to a claim for a jobseeker’s allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.

(2)A person’s income in respect of a week shall be calculated in accordance with prescribed rules.

(3)The rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).

(4)Circumstances may be prescribed in which—

(a)a person is treated as possessing capital or income which he does not possess;

(b)capital or income which a person does possess is to be disregarded;

(c)income is to be treated as capital;

(d)capital is to be treated as income.

13Income and capital: income-based jobseeker’s allowance.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(2A)Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).

(2B)For the purposes of this Article, notice in writing of the meeting is to be taken as given to a person where notice of the meeting is sent using electronic communications to such address as may for the time being be notified by that person to the company for that purpose.

(a)

(b)

(3)

Persons dependent on drugs etc.

17CPersons dependent on drugs etc.#

^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18Recovery of overpayments.#

In the Administration Act, insert after section 71—“71A 1 Where—a a severe hardship direction is revoked; andb it is determined by an adjudication officer that—i whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; andii in consequence of the failure or misrepresentation, payment of a jobseeker’s allowance has been made during the relevant period to the person to whom the direction related,an adjudication officer may determine that the Secretary of State is entitled to recover the amount of the payment.2 In this section—• “severe hardship direction” means a direction given under section 16 of the Jobseekers Act 1995; and• “the relevant period” means—(a) if the revocation is under section 16(3)(a) of that Act, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and(b) if the revocation is under section 16(3)(b) or (c) of that Act, the period during which the direction was in force.3 Where a severe hardship direction is revoked, the Secretary of State may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.4 If the Secretary of State certifies that there has been such misrepresentation or failure to disclose, he may certify—a who made the misrepresentation or failed to make the disclosure; andb whether or not a payment of jobseeker’s allowance has been made in consequence of the misrepresentation or failure.5 If the Secretary of State certifies that a payment has been made, he may certify the period during which a jobseeker’s allowance would not have been paid but for the misrepresentation or failure to disclose.6 A certificate under this section shall be conclusive as to any matter certified.7 Subsections (3) and (6) to (10) of section 71 above apply to a jobseeker’s allowance recoverable under subsection (1) above as they apply to a jobseeker’s allowance recoverable under section 71(1) above.8 The other provisions of section 71 above do not apply to a jobseeker’s allowance recoverable under subsection (1) above.”

Persons under 18

16Severe hardship.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(iii)is concerned jointly with or has the same interest as other persons, whether receiving legal aid, advice or assistance or not; or

(b)

(2)

(3)

(a)

(b)

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(4)In this section—• “employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of this section by an order made by the Secretary of State;• “period” includes—(a) a period of a determinate length;(b) a period defined by reference to the happening of a future event; and(c) a period of a determinate length but subject to earlier determination upon the happening of a future event;• “training scheme” has such meaning as may be prescribed.

17Reduced payments.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(1A)It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(2)

(a)

(b)

(3)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(4)

(a)

(b)

(5)In this section—• “local authority” means a body which is a local authority for the purposes of Part VI of that Act; and• “year” has the same meaning as in that Part.

18Recovery of overpayments.#

In the Administration Act, insert after section 71—“71A 1 Where—a a severe hardship direction is revoked; andb it is determined by an adjudication officer that—i whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; andii in consequence of the failure or misrepresentation, payment of a jobseeker’s allowance has been made during the relevant period to the person to whom the direction related,an adjudication officer may determine that the Secretary of State is entitled to recover the amount of the payment.2 In this section—• “severe hardship direction” means a direction given under section 16 of the Jobseekers Act 1995; and• “the relevant period” means—(a) if the revocation is under section 16(3)(a) of that Act, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and(b) if the revocation is under section 16(3)(b) or (c) of that Act, the period during which the direction was in force.3 Where a severe hardship direction is revoked, the Secretary of State may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.4 If the Secretary of State certifies that there has been such misrepresentation or failure to disclose, he may certify—a who made the misrepresentation or failed to make the disclosure; andb whether or not a payment of jobseeker’s allowance has been made in consequence of the misrepresentation or failure.5 If the Secretary of State certifies that a payment has been made, he may certify the period during which a jobseeker’s allowance would not have been paid but for the misrepresentation or failure to disclose.6 A certificate under this section shall be conclusive as to any matter certified.7 Subsections (3) and (6) to (10) of section 71 above apply to a jobseeker’s allowance recoverable under subsection (1) above as they apply to a jobseeker’s allowance recoverable under section 71(1) above.8 The other provisions of section 71 above do not apply to a jobseeker’s allowance recoverable under subsection (1) above.”

Trade disputes

14Trade disputes.#

(1)Where—

(a)there is a stoppage of work which causes a person not to be employed on any day, and

(b)the stoppage is due to a trade dispute at his place of work,

that person is not entitled to a jobseeker’s allowance for the week which includes that day unless he proves that he is not directly interested in the dispute.

(2)A person who withdraws his labour on any day in furtherance of a trade dispute, but to whom subsection (1) does not apply, is not entitled to a jobseeker’s allowance for the week which includes that day.

(3)If a person who is prevented by subsection (1) from being entitled to a jobseeker’s allowance proves that during the stoppage—

(a)he became bona fide employed elsewhere;

(b)his employment was terminated by reason of redundancy within the meaning of section 139(1) of the Employment Rights Act 1996, or

(c)he bona fide resumed employment with his employer but subsequently left for a reason other than the trade dispute,

subsection (1) shall be taken to have ceased to apply to him on the occurrence of the event referred to in paragraph (a) or (b) or (as the case may be) the first event referred to in paragraph (c).

(4)In this section “place of work”, in relation to any person, means the premises or place at which he was employed.

(5)Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of subsection (4), be deemed to be separate premises or (as the case may be) a separate place.

15Effect on other claimants.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(3)

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

(a)

(b)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

15ATrade disputes: joint-claim couples.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(3)

(4)

(a)

(b)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

“Work for your benefit” schemes etc.

17ASchemes for assisting persons to obtain employment: “work for your benefit” schemes etc.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(3)

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(10)In this Article—• “claimant”, in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance, means either or both of the members of the couple;• “the jobseeking conditions” means the conditions set out in Article 3(2)(a) to (c);• “participant”, in relation to any time, means any person who is required at that time to participate in a scheme within paragraph (1).

17BSection 17A: supplemental#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(2)

(a)

(b)

(3)

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(a)

(b)

Part II · Back to Work Schemes

26The back to work bonus.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)

(3)

(4)

(a)

(b)

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(g)a resolution of the directors passed under Article 157(2) (alteration of memorandum on company ceasing to be a public company, following acquisition of its own shares);

(h)a resolution conferring, varying, revoking or renewing authority under Article 176 (market purchase of company's own shares);

(i)prescribed periods to be disregarded for prescribed purposes;

(j)a resolution for voluntary winding up, passed under Article 70(1)(a) of the Insolvency Order; and

(k)a resolution passed by the directors of an old public company, under Article 4(1) of the Consequential Provisions Order, that the company should be re-registered as a public company.

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(l)a resolution of the directors passed by virtue of regulation 16(2) of the Uncertificated Securities Regulations 1995 (which allow title to a company's shares to be evidenced and transferred without written instrument); and

27Employment of long-term unemployed: deductions by employers.#

(1)An employee is a “qualifying employee” in relation to his employer for the purposes of this section if, immediately before beginning his employment with that employer, he had been entitled to a jobseeker’s allowance for a continuous period of not less than two years.

(2)An employee is also a “qualifying employee” in relation to his employer for the purposes of this section if—

(a)immediately before beginning his employment with that employer, he had been unemployed for a continuous period of not less than two years;

(b)he is under pensionable age; and

(c)he falls within a prescribed description of person.

(3)Regulations may make provision for any employer who employs a person who is a qualifying employee in relation to him, to make deductions from the employer’s contributions payments in accordance with the regulations and in prescribed circumstances.

(4)Those regulations may, in particular, make provision as to the period for which deductions may be made by an employer.

(5)Regulations may provide, in relation to cases where an employee is a qualifying employee in relation to more than one employer at the same time, for the right to make deductions to be confined to one employer—

(a)determined in accordance with the regulations; and

(b)certified by the Commissioners of Inland Revenue, in accordance with the regulations, to be the employer entitled to make those deductions.

(6)Regulations may—

(a)provide that, in prescribed circumstances, a person who would not otherwise satisfy the condition in subsection (1) is to be treated as satisfying it;

(b)provide that, in prescribed circumstances, a person who would not otherwise satisfy the condition in subsection (2)(a) is to be treated as satisfying it;

(c)prescribe circumstances in which, for prescribed purposes, two or more employers are to be treated as one;

(d)make provision for the payment, in prescribed circumstances, by the Commissioners of Inland Revenue, of sums to employers who are unable to make the whole or part of any deductions which they are entitled to make;

(e)require persons to maintain such records in connection with deductions made by them as may be prescribed;

(f)require persons who have made deductions to furnish to the Commissioners of Inland Revenue such documents and information, at such time, as may be prescribed.

(7)Where, in accordance with any provision of regulations made under this section, an amount has been deducted from an employer’s contributions payments, the amount so deducted shall (except in such cases as may be prescribed) be treated for the purposes of any provision made by or under any enactment in relation to primary or secondary Class 1 contributions as having been—

(a)paid (on such date as may be determined in accordance with the regulations); and

(b)received by the Commissioners of Inland Revenue,

towards discharging the employer’s liability in respect of such contributions.

(8)In this section—• “contributions payments”, in relation to an employer, means the aggregate of the payments which he is required to make by way of primary or secondary Class 1 contributions;• “deductions” means deductions made in accordance with regulations under subsection (3); ^note. . .• “employee” and “employer” have such meaning as may be prescribed.• “prescribed” means specified in or determined in accordance with regulations; and• “regulations” means regulations made by the Treasury.

28Expedited claims for housing benefit and council tax benefit.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)

(b)

(2)

(3)In section 63 of the Administration Act (adjudication of claims for housing benefit or council tax benefit), insert after subsection (2)—“2A Regulations may make provision requiring authorities to whom claims for housing benefit or council tax benefit are made by, or in respect of, persons who have been entitled to a jobseeker’s allowance or to income support to give priority, in prescribed circumstances, to those claims over other claims for any such benefit.”

29Pilot schemes.#

(1)Any regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 36 months.

(2)Any regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as “a pilot scheme”.

(3)A pilot scheme may provide that its provisions are to apply only in relation to—

(a)one or more specified areas or localities;

(b)one or more specified classes of person;

(c)persons selected—

(i)by reference to prescribed criteria; or

(ii)on a sampling basis.

(4)A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(5)A pilot scheme (“the previous scheme") may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.

(6)Subject to subsection (8), subsection (1) applies to—

(a)regulations made under this Act, other than—

(i)regulations made under section 4(2) or (5) which have the effect of reducing any age-related amount or applicable amount; or

(ii)regulations made under section 27;

(b)regulations made under the Administration Act, so far as they relate to a jobseeker’s allowance;

(c)regulations made under Part VII of the Benefits Act (income-related benefits), other than any mentioned in subsection (7); and

(d)regulations made under the Administration Act, so far as they relate to income-related benefits payable under Part VII of the Benefits Act.

(7)The regulations referred to in subsection (6)(c) are—

(a)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)regulations under section 130(4) of that Act which have the effect of reducing the appropriate maximum housing benefit;

(d)regulations under section 131(10)(a) of that Act which have the effect of reducing the appropriate maximum council tax benefit; and

(e)regulations reducing any of the sums prescribed under section 135(1) of that Act.

(8)Subsection (1) applies only if the regulations are made with a view to ascertaining whether their provisions will, or will be likely to, encourage persons to obtain or remain in work or will, or will be likely to, make it more likely that persons will obtain or remain in work or be able to do so.testing the extent to which the provision made by the regulations is likely to promote—

(a)people remaining in work, or

(b)people obtaining or being able to obtain work (or more work or better-paid work).”

Part III · Miscellaneous and Supplemental

30Grants for resettlement places.#

(1)The Secretary of State may pay such grants, to such persons, as he considers appropriate in relation to expenditure in connection with the provision or maintenance of resettlement places.

(2)In this section “resettlement places” means places at which persons without a settled way of life are afforded temporary accommodation with a view to assisting them to lead a more settled life.

(3)Any grant under this section may be made on such terms and subject to such conditions as the Secretary of State considers appropriate.

(4)Section 30 of, and Schedule 5 to, the ^noteSupplementary Benefits Act 1976 (provision of resettlement units) shall cease to have effect.

(5)Any grants made by the Secretary of State under this section shall be paid out of money provided by Parliament.

(6)Any sums received by the Secretary of State by way of the repayment of any such grant shall be paid by him into the Consolidated Fund.

31Termination of awards.#

(1)Regulations may make provision allowing, in prescribed circumstances, an award of income support to be brought to an end by the Secretary of State where the person to whom it was made, or where he is a member of a couple his partner or the couple, will be entitled to a jobseeker’s allowance if the award is brought to an end.

(2)Regulations may make provision allowing, in prescribed circumstances, an award of a jobseeker’s allowance to be brought to an end by the Secretary of State where the person to whom it was made, or where he is a member of a couple his partner, or where the award was made to a couple a member of the couple, will be entitled to income support if the award is brought to an end.

(3)In this section “partner” means the other member of the couple concerned.

32Insolvency.#

(1)In section 71 of the Administration Act (overpayments), after subsection (10) insert—“10A Where—a a jobseeker’s allowance is payable to a person from whom any amount is recoverable as mentioned in subsection (8) above; andb that person is subject to a bankruptcy order,a sum deducted from that benefit under that subsection shall not be treated as income of his for the purposes of the Insolvency Act 1986.10B Where—a a jobseeker’s allowance is payable to a person from whom any amount is recoverable as mentioned in subsection (8) above; andb the estate of that person is sequestrated,a sum deducted from that benefit under that subsection shall not be treated as income of his for the purposes of the Bankruptcy (Scotland) Act 1985.”

(2)In section 78 of the Administration Act (recovery of social fund awards), after subsection (3) insert—“3A Where—a a jobseeker’s allowance is payable to a person from whom an award is recoverable under subsection (3) above; andb that person is subject to a bankruptcy order,a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Insolvency Act 1986.3B Where—a a jobseeker’s allowance is payable to a person from whom an award is recoverable under subsection (3) above; andb the estate of that person is sequestrated,a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Bankruptcy (Scotland) Act 1985.”

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

34#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35Interpretation.#

(1)In this Act—• “adjudication officer” means an adjudication officer appointed under section 38 of the Administration Act;• “the Administration Act” means the ^noteSocial Security Administration Act 1992;• “applicable amount” means the applicable amount determined in accordance with regulations under section 4;• “benefit year” has the meaning given by section 2(4);• “the Benefits Act” means the ^noteSocial Security Contributions and Benefits Act 1992;• “child” means a person under the age of 16;• “claimant” means a person who claims a jobseeker’s allowance except that in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance it means the couple, or each member of the couple, as the context requires;;• “continental shelf operations” has the same meaning as in section 120 of the Benefits Act;• “contribution-based conditions” means the conditions set out in section 2;• “contribution-based jobseeker’s allowance” has the meaning given in section 1(4);• “couple” means—(a) two people who are married to, or civil partners of, each other and are members of the same household; or(b) two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners otherwise than in prescribed circumstances;“employed earner” has the meaning prescribed for the purposes of this Act;• “employment”, except in section 7, has the meaning prescribed for the purposes of this Act;• “employment officer”, for any purpose of this Act, means an officer of the Secretary of State or such other person as may be designated for that purpose by an order made by the Secretary of State;• “entitled”, in relation to a jobseeker’s allowance, is to be construed in accordance with—(a) the provisions of this Act relating to entitlement; and(b) section 1 of the Administration Act and section 27 of the Social Security Act 1998;• “family” means—(a) a couple;(b) a couple and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;(c) except in prescribed circumstances, a person who is not a member of a couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;• “FAS payments” means payments made under the Financial Assistance Scheme Regulations 2005;• “Great Britain” includes the territorial waters of the United Kingdom adjacent to Great Britain;• “income-based conditions” means the conditions set out in section 3;• “income-based jobseeker’s allowance” has the meaning given in section 1(4);• “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);• “jobseeker’s agreement” has the meaning given by section 9(1);• “jobseeker's direction” has the meaning given by section 19A;• “jobseeking period” has the meaning prescribed for the purposes of this Act;• “joint-claim couple” and “joint-claim jobseeker’s allowance” have the meanings given by section 1(4);• ^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .• “the nominated member”, in relation to a joint-claim couple, shall be construed in accordance with section 3B(4);• “occupational pension scheme” has the same meaning as it has in the ^notePension Schemes Act 1993 by virtue of section 1 of that Act;• “pensionable age” has the meaning prescribed for the purposes of this Act;• “pension payments” means—(a) periodical payments made in relation to a person, under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme; and(b) such other payments as may be prescribed;• “personal pension scheme” means—(a) a personal pension scheme as defined by section 1 of the ^notePension Schemes Act 1993;(b) an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004; and(c) a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;• “PPF payments” means any payments made in relation to a person—(a) payable under the pension compensation provisions as specified in section 162(2) of the Pensions Act 2004 or Article 146(2) of the Pensions (Northern Ireland) Order 2005 (the pension compensation provisions); or(b) payable under section 166 of the Pensions Act 2004 or Article 150 of the Pensions (Northern Ireland) Order 2005 (duty to pay scheme benefits unpaid at assessment date etc.);• “prescribed” , except in section 27 (and in section 36 so far as relating to regulations under section 27), means specified in or determined in accordance with regulations;• “public service pension scheme” has the same meaning as it has in the ^notePension Schemes Act 1993 by virtue of section 1 of that Act;• “regulations” , except in section 27 (and in section 36 so far as relating to regulations under section 27), means regulations made by the Secretary of State;• “tax year” means the 12 months beginning with 6th April in any year;• ^note“trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises, or not;• “training” has the meaning prescribed for the purposes of this Act and, in relation to prescribed provisions of this Act, if regulations so provide, includes assistance to find training or employment, or to improve a person’s prospects of being employed, of such a kind as may be prescribed;• ^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .• “week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;• “work” has the meaning prescribed for the purposes of this Act;• “work availability requirement” has the meaning given by section 6E;• “year”, except in the expression “benefit year", means a tax year.

(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The expressions “ limited capability for work”, “linked period”, “relevant education” and “remunerative work” are to be read with paragraphs 2, 3, 14 and 1 of Schedule 1.

(3)Subject to any regulations made for the purposes of this subsection, “earnings” is to be construed for the purposes of this Act in accordance with section 3 of the Benefits Act and paragraph 6 of Schedule 1 to this Act.

36Regulations and orders.#

(1)Any power under this Act to make regulations or orders, other than an order under section 8(3),9(13), 16(4) or 19(10)(a), shall be exercisable by statutory instrument.

(1A)It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2)Any such power may be exercised—

(a)either in relation to all cases to which it extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b)so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii)the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,

(iii)any such provision either unconditionally or subject to any specified condition.

(3)Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(4)Any such power includes power—

(a)to make such incidental, supplemental, consequential or transitional provision as appears to the Secretary of State , or (in the case of regulations made by the Treasury) to the Treasury, to be expedient; and

(b)to provide for a person to exercise a discretion in dealing with any matter.

(4A)Without prejudice to the preceding provisions of this Article or any other provision of this Part authorising the making of regulations, regulations may also modify the provisions of, or of any instrument having effect under, this Part (including so much of any of those provisions as specifies a sum of money) for the purposes of the application of those provisions—

(a)

(b)

(5)Any power to make regulations or an order for the purposes of any provision of this Act is without prejudice to any power to make regulations or an order for the purposes of any other provision.

37Parliamentary control.#

(1)Subsection (2) applies in relation to the following regulations (whether made alone or with other regulations)—

(a)regulations made under, or by virtue of, any provision of this Act other than—

(i)section 6, 7, 26, 29 or 40,

(ii)paragraph (b) of the definition of “pension payments” in section 35(1), or

(iii)paragraph 17 of Schedule 1,

before the date on which jobseeker’s allowances first become payable;

(aa)the first regulations to be made under section 6J or 6K;

(ab)the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC of the principal Act made by some other person or that the person's entry has been altered as the result of an application under section 10ZD of that Act made by some other person,

(b)the first regulations to be made under section 26;

(c)regulations made under section ^note. . . 29, paragraph (b) of the definition of “pension payments” in section 35(1) ^note. . . or paragraph 8B or 17 of Schedule 1.

(2)No regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House.

(3)Any other statutory instrument made under this Act, other than one made under section 41(2), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

38General financial arrangements.#

(1)There shall be paid out of money provided by Parliament—

(a)any sums paid by the Secretary of State by way of jobseeker’s allowance; and

(b)any expenditure incurred by the Secretary of State or the Commissioners of Inland Revenue under or by virtue of this Act.

(2)The expenditure mentioned in subsection (1)(b) includes expenditure incurred in connection with any inquiry undertaken on behalf of the Secretary of State or the Commissioners of Inland Revenue with a view to obtaining statistics relating to the operation of any provision of this Act relating to a jobseeker’s allowance.

(3)There shall be paid out of the National Insurance Fund and into the Consolidated Fund sums estimated by the Secretary of State to balance payments made by him by way of contribution-based jobseeker’s allowance.

(4)The Secretary of State shall pay into the National Insurance Fund sums estimated by him to balance sums recovered by him in connection with payments of contribution-based jobseeker’s allowance.

(5)The Commissioners of Inland Revenue shall pay into the National Insurance Fund sums estimated by them to be equal to the aggregate of the amounts deducted by employers in accordance with regulations under section 27.

(6)Regulations shall be subject to negative resolution.

(7)Estimates under this section shall be made by the relevant authority—

(a)in any manner which, after consulting the Government Actuary or the Deputy Government Actuary, the authority consider appropriate and the Treasury has approved; and

(b)at such times as the authority consider appropriate and the Treasury has approved.

(8)Payments which are required to be made by this section shall be made at such times and in such manner as the relevant authority considers appropriate and the Treasury has approved.

(9)In subsections (7) and (8) “the relevant authority” means—

(a)the Secretary of State, in relation to any estimate or payment to be made by him, or

(b)the Commissioners of Inland Revenue, in relation to any estimate or payment to be made by them.

39Provision for Northern Ireland.#

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the ^noteNorthern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

40Transitional provisions.#

(1)The Secretary of State may by regulations make such transitional provision, consequential provision or savings as he considers necessary or expedient for the purposes of or in connection with—

(a)the coming into force of any provision of this Act; or

(b)the operation of any enactment repealed or amended by any such provision during any period when the repeal or amendment is not wholly in force.

(2)Regulations under this section may in particular make provision—

(a)for the termination or cancellation of awards of unemployment benefit or income support;

(b)for a person whose award of unemployment benefit or income support has been terminated or cancelled under regulations made by virtue of paragraph (a) to be treated as having been awarded a jobseeker’s allowance (a “transitional allowance")—

(i)of such a kind,

(ii)for such period,

(iii)of such an amount, and

(iv)subject to such conditions,

as may be determined in accordance with the regulations;

(c)for a person’s continuing entitlement to a transitional allowance to be determined by reference to such provision as may be made by the regulations;

(d)for the termination of an award of a transitional allowance;

(e)for the review of an award of a transitional allowance;

(f)for a contribution-based jobseeker’s allowance not to be payable for a prescribed period where a person is disqualified for receiving unemployment benefit;

(g)that days which were days of unemployment for the purposes of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days during which a person was, or would have been, entitled to a jobseeker’s allowance;

(h)that days which were days of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days of entitlement to a contribution-based jobseeker’s allowance;

(i)that the rate of a contribution-based transitional allowance is to be calculated by reference to the rate of unemployment benefit paid or payable.

41Short title, commencement, extent etc.#

(1)This Act may be cited as the Jobseekers Act 1995.

(2)Section 39 and this section (apart from subsections (4) and (5)) come into force on the passing of this Act, but otherwise the provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(3)Different days may be appointed for different purposes.

(4)Schedule 2 makes consequential amendments.

(5)The repeals set out in Schedule 3 shall have effect.

(6)Apart from this section, section 39 and paragraphs 11 to 16, 28, 67 and 68 of Schedule 2, this Act does not extend to Northern Ireland.

Schedule 1 · Supplementary Provisions

(14AA)For any purpose of this Act regulations may provide for—

(a)circumstances in which a person is to be treated as having or not having a good reason for an act or omission;

(b)matters which are or are not to be taken into account in determining whether a person has a good reason for an act or omission.

Remunerative work

(1)

(1)For the purposes of this Act, “remunerative work” has such meaning as may be prescribed.

(2)Regulations may prescribe circumstances in which, for the purposes of this Act—

(a)a person who is not engaged in remunerative work is to be treated as engaged in remunerative work; or

(b)a person who is engaged in remunerative work is to be treated as not engaged in remunerative work.

Limited capability for work

(2)

(1)The question whether a person has, or does not have, limited capability for work shall be determined, for the purposes of this Act, in accordance with the provisions of Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or Part 1 of the Welfare Reform Act 2012 (universal credit) as the Secretary of State considers appropriate in the person’s case .

(2)References in Part 1 of the Welfare Reform Act 2007 to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this Act, as references to the purposes of this Act.

(3)References in Part 1 of the Welfare Reform Act 2012 to the purposes of that Part are to be construed, where the provisions of that Part have effect for the purposes of this Act, as references to the purposes of this Act.

Linking periods

(3)Regulations may provide—

(a)for jobseeking periods which are separated by not more than a prescribed number of weeks to be treated, for purposes of this Act, as one jobseeking period;

(b)for prescribed periods (“linked periods") to be linked, for purposes of this Act, to any jobseeking period.

Waiting days

(4)Except in prescribed circumstances, a person is not entitled to a jobseeker’s allowance in respect of a prescribed number of days at the beginning of a jobseeking period.

Periods of less than a week

(5)Regulations may make provision in relation to—

(a)entitlement to a jobseeker’s allowance, or

(b)the amount payable by way of such an allowance,

in respect of any period of less than a week.

Employment protection sums

(6)

(1)In relation to any contribution-based jobseeker’s allowance, regulations may make provision—

(a)for any employment protection sum to be treated as earnings payable by such person, to such person and for such period as may be determined in accordance with the regulations; and

(b)for any such period, so far as it is not a period of employment, to be treated as a period of employment.

(2)In this paragraph “employment protection sum” means—

(a)any sum, or a prescribed part of any sum—

(i)payable, in respect of arrears of pay, under an order for reinstatement or re-engagement made under the Employment Rights Act 1996;

(ii)payable, by way of pay, under an order made under that Act for the continuation of a contract of employment;

(iii)payable, by way of remuneration, under a protective award made under section 189 of the ^noteTrade Union and Labour Relations (Consolidation) Act 1992; and

(b)any prescribed sum which the regulations provide is to be treated as related to any sum within paragraph (a).

Pension payments

(7)Regulations may make provision, for the purposes of any provision of, or made under, this Act—

(a)for such sums by way of pension payments to be disregarded for prescribed purposes;

(b)as to the week in which any pension payments are to be treated as having begun;

(c)for treating, in a case where—

(i)a lump sum is paid to a person in connection with a former employment of his or arrangements are made for a lump sum to be so paid; or

(ii)benefits of any description are made available to a person in connection with a former employment of his or arrangements are made for them to be made so available; or

(iii)pension payments to a person are assigned, reduced or postponed or are made otherwise than weekly,

such payments as being made to that person by way of weekly pension payments as are specified in or determined under the regulations;

(d)for the method of determining whether pension payments are made to a person for any week and their amount.

Exemptions

(8)

(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;

(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.

(c)an income-based jobseeker's allowance,

(8A)

(1)In such circumstances as may be prescribed—

may be treated as being entitled to an income-based jobseeker's allowance before his or (as the case may be) the couple's claim for the allowance has been determined.

(2)In such circumstances as may be prescribed, an income-based jobseeker's allowance shall be payable to—

even though payment to him or (as the case may be) the couple of a jobseeker's allowance has been suspended by virtue of regulations under^note section 5(1)(o) of the Administration Act.

(3)A jobseeker's allowance shall be payable by virtue of sub-paragraph (1) or (2) only if the claimant or (as the case may be) the couple or the member of the couple has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;

(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.

(8B)

(1)In such circumstances as may be prescribed—

may be treated as being entitled to an income-based jobseeker's allowance before his or (as the case may be) the couple's claim for the allowance has been determined.

(2)In such circumstances as may be prescribed, an income-based jobseeker's allowance shall be payable to—

(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;

(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.

even though payment to him or (as the case may be) the couple of a jobseeker's allowance has been suspended by virtue of regulations under^note section 5(1)(o) of the Administration Act.

(3)A jobseeker's allowance shall be payable by virtue of sub-paragraph (1) or (2) only if the claimant or (as the case may be) the couple or the member of the couple has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

(4)In this paragraph—• “domestic violence” has such meaning as may be prescribed;• “exempt period” means a period of 13 weeks beginning no later than a prescribed period after the date (or last date) on which the domestic violence was inflicted or threatened.

(5)Regulations may make provision—

(9)

(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;

(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.

(c)as to whether the whole or part of any amount of a jobseeker's allowance which is payable as specified in paragraph (a) is recoverable.

Continuity of claims and awards: persons ceasing to be a joint-claim couple

(9A)

(1)Regulations may make provision about the entitlement to a jobseeker’s allowance of persons (“ex-members”) who cease to be members of a joint-claim couple.

(2)Regulations under this paragraph may, in particular, provide—

(a)for treating each or either of the ex-members as having made any claim made by the couple or, alternatively, for any such claim to lapse;

(b)for any award made in respect of the couple to be replaced by an award (a “replacement award") in respect of each or either of the ex-members of the couple or, alternatively, for any such award to lapse.

Continuity of claims and awards: persons again becoming a joint-claim couple

(9B)

(1)Regulations may make provision about the entitlement to a jobseeker’s allowance of persons (“ex-members”) who, having ceased to be members of a joint-claim couple, again become the members of a joint-claim couple.

(2)Regulations under this paragraph may, in particular, provide—

(a)for any claim made by the ex-members when they were previously a joint-claim couple to be revived or otherwise given effect as a claim made by the couple;

(b)for any award made in respect of the ex-members when they were previously a joint-claim couple to be restored;

(c)for any such award, or any replacement award (within the meaning of paragraph 9A) made in respect of either of them, to be replaced by an award (a “new award”) in respect of the couple.

Continuity of claims and awards: couple becoming a joint-claim couple

(9C)

(1)Regulations may make provision about the entitlement to a jobseeker’s allowance of persons who become members of a joint-claim couple as a result of the couple of which they are members becoming a joint-claim couple.

(2)Regulations under this paragraph may, in particular, provide—

(a)for any claim made by either member of the couple before the couple became a joint-claim couple to be given effect as a claim made by the couple;

(b)for any award, or any replacement award (within the meaning of paragraph 9A), made in respect of either member of the couple before the couple became a joint-claim couple to be replaced by an award (a “new award”) in respect of the couple.

Paragraphs 9A to 9C: supplementary

(9D)

(1)Regulations may provide, in relation to any replacement award (within the meaning of paragraph 9A) or new award (within the meaning of paragraph 9B or 9C)—

(a)for the award to be of an amount determined in a prescribed manner;

(b)for entitlement to the award to be subject to compliance with prescribed requirements as to the provision of information and evidence.

(2)In paragraphs 9A to 9C and this paragraph—• “award” means an award of a jobseeker’s allowance;• “claim” means a claim for a jobseeker’s allowance.

Claims yet to be determined and suspended payments

(10)

(1)In such circumstances as may be prescribed—

(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;

(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.

(c)an income-based jobseeker's allowance,

may be treated as being entitled to an income-based jobseeker's allowance before his or (as the case may be) the couple's claim for the allowance has been determined.

(2)In such circumstances as may be prescribed, an income-based jobseeker's allowance shall be payable to—

even though payment to him or (as the case may be) the couple of a jobseeker's allowance has been suspended by virtue of regulations under^note section 5(1)(o) of the Administration Act.

(3)A jobseeker's allowance shall be payable by virtue of sub-paragraph (1) or (2) only if the claimant or (as the case may be) the couple or the member of the couple has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

(4)Regulations may make provision for a jobseeker's allowance payable by virtue of sub-paragraph (1) or (2) to be—

(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;

(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.

(c)an income-based jobseeker's allowance,

(5)Regulations may make provision—

(a)firstly, in the discharge, to the extent to which the endowment could, immediately before 5th July 1948, have been lawfully applied and used for that purpose, of so much of the liabilities transferred to the management committee under section 25(3), (4) and (7) of the Health Services Act (Northern Ireland) 1948 as may be prescribed;

(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.

(c)an income-based jobseeker's allowance,

(6)References in sub-paragraphs (1) and (2) to an income-based jobseeker's allowance include a payment by way of such an allowance under Article 21C.

Presence in and absence from Great Britain

(11)

(1)Regulations may provide that in prescribed circumstances a claimant who is not in Great Britain may nevertheless be entitled to a contribution-based jobseeker’s allowance.

(2)Regulations may make provision for the purposes of this Act as to the circumstances in which a person is to be treated as being or not being in Great Britain.

Households

(12)Regulations may make provision for the purposes of this Act as to the circumstances in which persons are to be treated as being or not being members of the same household.

Responsibility for another person

(13)Regulations may make provision for the purposes of this Act as to the circumstances in which one person is to be treated as responsible or not responsible for another.

Relevant education

(14)Regulations may make provision for the purposes of this Act—

(a)as to what is or is not to be treated as relevant education; and

(b)as to the circumstances in which a person is or is not to be treated as receiving relevant education.

Calculation of periods

(15)Regulations may make provision for calculating periods for any purpose of this Act.

Employment on ships etc.

(16)

(1)Regulations may modify any provision of this Act in its application to any person who is, has been, or is to be—

(a)employed on board any ship, vessel, hovercraft or aircraft,

(b)outside Great Britain at any prescribed time or in any prescribed circumstances, or

(c)in prescribed employment in connection with continental shelf operations,

so far as that provision relates to a contribution-based jobseeker’s allowance.

(2)The regulations may in particular provide—

(a)for any such provision to apply even though it would not otherwise apply;

(b)for any such provision not to apply even though it would otherwise apply;

(c)for the taking of evidence, in a country or territory outside Great Britain, by a British consular official or other prescribed person;

(d)for enabling payment of the whole, or any part of a contribution-based jobseeker’s allowance to be paid to such of the claimant’s dependants as may be prescribed.

Additional conditions

(17)Regulations may require additional conditions to be satisfied with respect to the payment of a jobseeker’s allowance to any person who is, has been, or is to be, in employment which falls within a prescribed description.

Benefits Act purposes

(18)Regulations may provide for—

(a)a jobseeker’s allowance;

(b)secondly, subject to paragraph 2, for such the purposes to which it could, immediately before 5th July 1948, have been lawfully applied or used as the Health and Social Services Board may think proper.

(c)an income-based jobseeker's allowance,

to be treated, for prescribed purposes of the Benefits Act, as a benefit, or a benefit of a prescribed description.

Treatment of information supplied as information relating to social security

(19)Information supplied in pursuance of any provision made by or under this Act ^note. . . shall be taken for all purposes to be information relating to social security.

Schedule 2 · Consequential Amendments

The Social Work (Scotland) Act 1968 (c. 49)

(1)In section 78(2A) of the Social Work (Scotland) Act 1968 (relief from payment of contributions in respect of children subject to supervision requirements etc.), after “income support" insert “, an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)".

The Employment Protection (Consolidation) Act 1978 (c. 44)

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Act 1980 (c. 20)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Magistrates’ Courts Act 1980 (c. 43)

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education (Scotland) Act 1980 (c. 44)

(5)In section 53(3) of the Education (Scotland) Act 1980 (school meals), after “income support" insert “or of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)" and for “it" substitute “that benefit".

The Administration of Justice Act 1982 (c. 53)

(6)In section 10 of the Administration of Justice Act 1982 (assessment of damages for personal injuries), in paragraph (ii), for “unemployment benefit" substitute “ contribution-based jobseeker’s allowance (payable under the Jobseekers Act 1995). ”

The Transport Act 1982 (c. 49)

(7)In section 70(2)(b) of the Transport Act 1982 (payments in relation to exemption from wearing seat belts), after “income support" insert “ or an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995) ”

The Bankruptcy (Scotland) Act 1985 (c. 66)

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Legal Aid (Scotland) Act 1986 (c.47)

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47)

(10)Paragraph 7A of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (recovery of outstanding community charge by deduction from income support) shall, so far as it continues to have effect by virtue of Article 2 of the ^noteLocal Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993, apply as if there were inserted at the end—“3 This paragraph applies to a jobseeker’s allowance as it applies to income support.”

The Income and Corporation Taxes Act 1988 (c. 1)

(11)The Income and Corporation Taxes Act 1988 is amended as follows.

(12)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Reform Act 1988 (c. 40)

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Finance Act 1988 (c. 41)

(18)In paragraph 6 of Schedule 4 to the Local Government Finance Act 1988 (recovery of outstanding community charge by deduction from income support), insert at the end—“3 This paragraph applies to a jobseeker’s allowance as it applies to income support.”

The Children Act 1989 (c. 41)

(19)

(1)The Children Act 1989 is amended as follows.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 105 (interpretation), after the definition of “ill-treatment" insert—““income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”

(5)In paragraph 21(4) of Schedule 2 (person receiving benefit not to be liable to pay contributions), add at the end “or of an income-based jobseeker’s allowance".

The Child Support Act 1991 (c. 48)

(20)

(1)The Child Support Act 1991 is amended as follows.

(2)In section 6(1) (applications by those receiving benefit), after “income support," insert “an income-based jobseeker’s allowance,".

(3)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 46(11) (definitions), in the definition of “relevant benefit", after “income support," insert “an income-based jobseeker’s allowance,".

(5)In section 47(3) (regulations about fees), after “income support," insert “an income-based jobseeker’s allowance,".

(6)In section 54 (interpretation), after the definition of “income support" insert—““income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”

(7)In paragraph 5(4) of Schedule 1 (assessable income), after “income support" insert “, an income-based jobseeker’s allowance".

The Criminal Justice Act 1991 (c. 53)

(21)

(1)Section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support) is amended as follows.

(2)In subsection (1), before paragraph (a), after “income support" insert “or a jobseeker’s allowance".

(3)In subsection (1)(a), for “income support" substitute “that benefit".

(4)In subsection (2)(d), after “income support" insert “or a jobseeker’s allowance".

The Social Security Contributions and Benefits Act 1992 (c.4)

(22)In section 22 of the Benefits Act (earnings factors), in subsections (2)(a) and (5), after “entitlement to" insert, in each case, “a contribution-based jobseeker’s allowance or to".

(23)In section 61 of the Benefits Act (exclusion of increase of benefit for failure to satisfy contribution condition), for subsection (2) substitute—“2 Where a person is entitled to short-term incapacity benefit at a rate determined under section 30B(3) above and the retirement pension by reference to which the rate of the benefit is determined—a would have been payable only by virtue of section 60 above, andb would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension,the benefit shall not be increased under section 47(1) above or under Part IV below on account of a child or an adult”

(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(26)In section 87 of the Benefits Act (rate of increase where associated retirement pension is attributable to reduced contributions), for subsection (1)(a) substitute—“a is entitled to short-term incapacity benefit under section 30A(2)(b) above; and”

(27)In section 91 of the Benefits Act (effect of trade disputes on entitlement to dependency increases), for subsection (2) substitute—“2 A person falls within this subsection if—a he is prevented from being entitled to a jobseeker’s allowance by section 14 of the Jobseekers Act 1995 (trade disputes); orb he would be so prevented if he were otherwise entitled to that benefit.”

(28)In section 116 (application to Her Majesty’s forces), in subsection (2), for the words following “provide" substitute-“, in the case of persons who are employed earners in respect of their membership of those forces, for reducing the rate of the contributions payable in respect of their employment and for determining— a the amounts payable on account of those contributions by the Secretary of State and the time and manner of payment, andb the deduction (if any) to be made on account of those contributions from the pay of those persons.”

(29)In section 122(1) of the Benefits Act (interpretation of Parts I to VI of that Act), after the definition of “contract of service" insert—““contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”

(30)

(1)Section 124 of the Benefits Act (entitlement to income support) is amended as follows.

(2)For subsection (1)(a) substitute-“a he is of or over the age of 16;”

(3)Omit “and" at the end of subsection (1)(c).

(4)For subsection (1)(d) substitute—“d except in such circumstances as may be prescribed, he is not receiving relevant education;”

(5)In subsection (1), after paragraph (d) insert—“e he falls within a prescribed category of person; andf he is not entitled to a jobseeker’s allowance and, if he is a member of a married or unmarried couple, the other member of the couple is not entitled to an income-based jobseeker’s allowance.”

(31)In section 126 of the Benefits Act (income support: trade disputes)—

(a)in subsection (1)(a), for “is disqualified under section 27 above for receiving unemployment benefit" substitute “is prevented from being entitled to a jobseeker’s allowance by section 14 of the Jobseekers Act 1995 (trade disputes)"; and

(b)in subsection (1)(b), for “disqualified" substitute “prevented".

(32)In section 127 of the Benefits Act (effect of return to work), for “disqualified for receiving unemployment benefit" substitute “prevented from being entitled to a jobseeker’s allowance".

(33). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(34). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(35)

(1)Section 137 of the Benefits Act (interpretation of Part VII and supplementary provisions) is amended as follows.

(2)In subsection (1), after the definition of “family" insert—““income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”

(3)In subsection (2), for paragraph (d) substitute—“d as to circumstances in which a person is or is not to be treated as engaged or normally engaged in remunerative work;”

(36)

(1)Schedule 7 to the Benefits Act (industrial injuries benefits) is amended as follows.

(2)In paragraph 3(10), for “it has for the purposes of unemployment benefit" substitute “a jobseeking period and any period linked to such a period has for the purposes of the Jobseekers Act 1995.".

(3)For paragraph 13(10) substitute—“10 “Day of interruption of employment” means a day which forms part of—a a jobseeking period (as defined by the Jobseekers Act 1995), orb a linked period (as defined by that Act).”

(37)In Schedule 13 to the Benefits Act (relationship of statutory maternity pay with benefits and other payments), for paragraph 1 substitute—“1 Except as may be prescribed, a day which falls within the maternity pay period shall not be treated as a day of incapacity for work for the purposes of determining, for this Act, whether it forms part of a period of incapacity for work for the purposes of incapacity benefit.”

The Social Security Administration Act 1992 (c.5)

(38)In section 1 of the Administration Act (entitlement to benefit dependent on claim), in the definition of “benefit” in subsection (4), after “Benefits Act;" insert—“aa a jobseeker’s allowance;”

(39)In section 5 of the Administration Act (claims and payments regulations), in subsection (2) after paragraph (a) insert—“aa a jobseeker’s allowance;”

(40)

(1)Section 15A of the Administration Act (payment out of benefit of sums in respect of mortgage interest etc.) is amended as follows.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In the definition of “qualifying associate", in subsection (4)—

(a)after “support" insert “or an income-based jobseeker’s allowance"; and

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(41)In section 17(1) of the Administration Act (questions for adjudication by the Secretary of State), omit “and" at the end of paragraph (g) and after paragraph (h) insert—“; and i any question arising under section 27 of the Jobseekers Act 1995, or under any provision of regulations under that section, as to—i whether a person is, or was, an employee or employer of another;ii whether an employer is entitled to make any deduction from his contributions payments in accordance with regulations under section 27 of that Act;iii whether a payment falls to be made to an employer in accordance with those regulations;iv the amount that falls to be so deducted or paid; orv whether two or more employers are, by virtue of regulations under section 27 of that Act, to be treated as one.”

(42)

(1)Section 20 of the Administration Act (claims and questions to be submitted to adjudication officer) is amended as follows.

(2)In subsection (1), omit “and" at the end of paragraph (b) and after paragraph (c) insert—“; and d any question whether a jobseeker’s allowance is not payable to a person by virtue of section 19 of the Jobseekers Act 1995.”

(3)In subsection (2), after “which", insert—“ — a may be determined by an adjudication officer under section 9(6) or 10(5) of the Jobseekers Act 1995; orb ”

(4)In subsection (6), after paragraph (a) insert—“aa a jobseeker’s allowance;”

(43)In section 25 of the Administration Act (review of decisions), in subsection (1)(e), for “25A(4) or (5) of the Contributions and Benefits Act" substitute “ 6(6) or 7(7) of the Jobseekers Act 1995".

(44)• In section 58 of the Administration Act (determination of questions and matters arising out of, or pending, reviews and appeals)—(a) in subsection (1), after “Benefits Act" insert “, the Jobseekers Act 1995"; and(b) in subsection (4), after “unemployment benefit" insert “or a jobseeker’s allowance".

(45)In section 61 of the Administration Act (supplementary matters relating to determinations), in subsection (4), after paragraph (a) insert—“aa to a jobseeker’s allowance;”

(46)In section 68 of the Administration Act (restrictions on entitlement to benefit in certain cases of error), in the definition of “benefit” in subsection (4), after “Act;" insert—“aa a jobseeker’s allowance;”

(47)In section 70 of the Administration Act (correction of errors and setting aside of decisions), in subsection (3), omit “or" at the end of paragraph (i) and after paragraph (j) insert—“; or l the Jobseekers Act 1995.”

(48)In section 71 of the Administration Act (recovery of overpayments), in subsection (11), after paragraph (a) insert—“aa subject to section 71A below, a jobseeker’s allowance;”

(49)

(1)Section 73 of the Administration Act (adjustment of benefits) is amended as follows.

(2)In subsection (1)—

(a)after “Act" insert “, or a contribution-based jobseeker’s allowance,"; and

(b)for “its receipt" substitute “receipt of that benefit".

(3)For subsection (4) substitute—“4 Regulations may provide for adjusting—a benefit as defined in section 122 of the Contributions and Benefits Act; orb a contribution-based jobseeker’s allowance,payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.”

(50)In section 74 (recovery and abatement of income support), in subsections (1), (2) and (3) after “support" insert, in each place, “or an income-based jobseeker’s allowance".

(51)In section 78 of the Administration Act (recovery of social fund awards), in subsection (6)(d), after “support" insert “or an income-based jobseeker’s allowance".

(52). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(53)

(1)Section 105 of the Administration Act (failure to maintain) is amended as follows.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (3), at the beginning insert “Subject to subsection (4) below,".

(4)After subsection (3) insert—“4 For the purposes of this section, in its application to an income-based jobseeker’s allowance, a person is liable to maintain another if that other person is his or her spouse.”

(54). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(55)In section 115 of the Administration Act (offences by bodies corporate), in subsection (1), after “Act" insert “, or under the Jobseekers Act 1995,".

(56)

(1)Section 116 of the Administration Act (legal proceedings) is amended as follows.

(2)In subsection (1), after “Act" insert “or the Jobseekers Act 1995".

(3)In subsection (2)(a), after “council tax benefit" insert “, or for an offence under the Jobseekers Act 1995,".

(4)In subsection (7)(a), after “this Act" insert “or the Jobseekers Act 1995".

(57)In section 117 of the Administration Act (questions arising in proceedings), in subsection (1)(a), after “Act" insert “or the Jobseekers Act 1995".

(58). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(59)In section 124 of the Administration Act (provisions relating to age, death and marriage), in subsection (1), after “applies;" insert—“aa of the provisions of Parts I and II of the Jobseekers Act 1995;”

(60)In section 125 of the Administration Act (notifications of deaths), in subsection (1)—

(a)after “Benefits Act" insert “, the Jobseekers Act 1995"; and

(b)for “either of them" substitute “any of those Acts".

(61)In section 126 of the Administration Act (information to be provided by personal representatives in certain cases), in subsection (1), after “support" insert “, an income-based jobseeker’s allowance".

(62). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(63). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^note

(64)

(1)Section 150 of the Administration Act (annual up-rating of benefits) is amended as follows.

(2)In subsection (1), after paragraph (j) insert-“k specified in regulations under section 4(2) or (5) of the Jobseekers Act 1995;”

(3)In subsection (7), after “Benefits Act" insert “or under the Jobseekers Act 1995,".

(65)In section 164(1) of the Administration Act (destination of repayments), after “Subject to" insert “section 38 of the Jobseekers Act 1995 and to".

(66)

(1)Section 166 of the Administration Act (financial review and report) is amended as follows.

(2)In subsection (1), for the words from “the 1975 Act" to the end substitute—“— a the 1975 Act;b Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8);c the provisions of the Jobseekers Act 1995 relating to a contribution-based jobseeker’s allowance; andd this Act so far as it relates to the provisions specified in paragraphs (b) and (c) above.”

(3)In subsection (2), for the words from “Parts I" to the end substitute—“— a Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8);b the provisions of the Jobseekers Act 1995 relating to a contribution-based jobseeker’s allowance; andc this Act so far as it relates to the provisions specified in paragraphs (a) and (b) above.”

(67)In section 170 of the Administration Act (the Social Security Advisory Committee), in subsection (5)—

(a)in the definition of “the relevant enactments", after “payments;" insert—“aa the provisions of the Jobseekers Act 1995;”

(b)in the definition of “the relevant Northern Ireland enactments", after paragraph (a) insert—“aa any provisions in Northern Ireland which correspond to provisions of the Jobseekers Act 1995; and”

(68)

(1)Section 177(5) of the Administration Act (co-ordination with Northern Ireland) is amended as follows.

(2)In paragraph (a), after “Benefits Act" insert “, the Jobseekers Act 1995".

(3)In paragraph (b), after “Benefits Act" insert “, any enactment in Northern Ireland corresponding to the Jobseekers Act 1995".

(4)After “income support;" insert—“ia income-based jobseeker’s allowance;”

(69)

(1)Section 178 of the Administration Act (reciprocal arrangements with Northern Ireland) is amended as follows.

(2)In subsection (1), after “Benefits Act" insert “, the Jobseekers Act 1995".

(3)In subsection (2), after paragraph (a) insert—“aa income-based jobseeker’s allowance;”

(4)In subsection (3), after “this Act" insert (in each place) “, the Jobseekers Act 1995".

(70)

(1)Section 179 of the Administration Act (reciprocal agreements with countries outside the United Kingdom) is amended as follows.

(2)In subsection (3), after “this Act" insert “, the Jobseekers Act 1995".

(3)In subsection (4), after “Benefits Act;" insert—“aa to the Jobseekers Act 1995;”

(4)In subsection (5), after paragraph (a) insert—“aa jobseeker’s allowance;”

(71)In section 180 of the Administration Act (payment of travelling expenses by Secretary of State), after “Benefits Act" (in both places) insert “, the Jobseekers Act 1995".

(72)In section 187 of the Administration Act (certain benefit to be inalienable), in subsection (1), after paragraph (a) insert—“aa a jobseeker’s allowance;”

(73)

(1)Section 191 of the Administration Act (interpretation) is amended as follows.

(2)In the definition of “benefit", after “Act" insert “and includes a jobseeker’s allowance".

(3)After the definition of “the Consequential Provisions Act" insert—““contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”

(4)After the definition of “housing benefit scheme" insert—““income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;”

(74). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^note

The Local Government Finance Act 1992 (c.14)

(75)

(1)Paragraph 6 of Schedule 4 to the Local Government Finance Act 1992 (deductions from income support) is amended as follows.

(2)In sub-paragraph (1)—

(a)after first “income support" insert “ or a jobseeker’s allowance ”;

(b)omit “within the meaning of the Social Security Contributions and Benefits Act 1992"; and

(c)in paragraph (a), for “income support" substitute “ that benefit ”.

(3)In sub-paragraph (2)(b) after “income support" insert “ or a jobseeker’s allowance ” .

(76)

(1)Paragraph 6 of Schedule 8 to the Local Government Finance Act 1992 (enforcement in Scotland) is amended as follows.

(2)In sub-paragraph (1)—

(a)after first “income support" insert “ or a jobseeker’s allowance ”;

(b)omit “within the meaning of the Social Security Contributions and Benefits Act 1992"; and

(c)in paragraph (a), for “income support" substitute “ that benefit ”.

(3)In sub-paragraph (2)(b) after “income support" insert “ or a jobseeker’s allowance ” .

Schedule 3 · Repeals

Schedule A1

Requirements imposed in relation to use of drugs

(1)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Paragraphs 1 to 3: supplementary

(4)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voluntary and mandatory rehabilitation plans

(5)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sanctions

(7)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information

(8)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

(9)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to extend provisions to alcohol

(10)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contains public sector information licensed under the Open Government Licence v3.0.