Legislation – Welfare Reform Act 2009
Part 1Social security
Miscellaneous
33Attendance in connection with jobseeker’s allowance: sanctions
(1)
Section 8 of the Jobseekers Act 1995 (attendance, information and evidence) is amended as follows.
(2)
“(a)
prescribe circumstances in which a jobseeker’s allowance is not to be payable for a prescribed period (of at least one week but not more than two weeks) in the case of—
(i)
a claimant (other than a joint-claim couple claiming a joint-claim jobseeker’s allowance) who fails to comply with any regulations made under that subsection, or
(ii)
a joint-claim couple claiming a joint-claim jobseeker’s allowance a member of which fails to comply with any such regulations;
(b)
provide for the consequence set out in paragraph (a) not to follow if, within a prescribed period of a person’s (“P”) failure to comply with any such regulations (“the relevant period”), P or, if P is a member of a joint-claim couple, either member of the couple—
(i)
makes prescribed contact with an officer of the Secretary of State, and
(ii)
shows that P had good cause for the failure;
(c)
provide for entitlement to a jobseeker’s allowance to cease at such time as may be determined in accordance with any such regulations if P or, as the case may be, a member of the couple does not make prescribed contact with an officer of the Secretary of State in the relevant period;
(ca)
prescribe circumstances in which a jobseeker’s allowance is to be payable in respect of a claimant even though provision made by any such regulations by virtue of paragraph (a) prevents payment of a jobseeker’s allowance in respect of the claimant; and”.
(3)
“(2A)
The provision that may be made by any such regulations by virtue of subsection (2)(ca) includes, in particular, provision for a jobseeker’s allowance payable by virtue of that paragraph to be—
(a)
payable only if prescribed requirements as to the provision of information are complied with;
(b)
payable at a prescribed rate;
(c)
payable for a prescribed period (which may differ from the period mentioned in subsection (2)(a)).”
(4)
In paragraph 3(da) of Schedule 3 to the Social Security Act 1998 (c. 14) (decisions against which an appeal lies: payability of benefit), which is inserted by section 1 of this Act, after “section” insert “8 or”.