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(1) | The following provisions of this Act extend to England and Wales, Scotland |
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section 19 and Schedule 4 (loss of benefit provisions); and |
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this section and sections 49 and 50. |
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(2) | Section 44 and Schedule 6 (birth registration) extend to England and Wales |
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(3) | Subject to subsection (4), the other provisions of this Act extend to England and |
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(4) | Any amendment, repeal or revocation made by this Act has the same extent as |
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the enactment to which it relates. |
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(5) | Subsection (4) is subject to paragraph 20(2) of Schedule 6. |
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(1) | The following provisions of this Act come into force on the day on which this |
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(2) | The following provisions of this Act come into force at the end of the period of |
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2 months beginning with the day on which this Act is passed— |
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section 46(2) and (3); and |
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Part 2 of Schedule 7 so far as relating to the repeals and revocation |
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mentioned in section 46(2). |
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(3) | The other provisions of this Act come into force on such day as the Secretary of |
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State may by order made by statutory instrument appoint. |
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(4) | An order under subsection (3) may— |
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(a) | appoint different days for different purposes and in relation to different |
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(b) | make such provision as the Secretary of State considers necessary or |
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expedient for transitory, transitional or saving purposes in connection |
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with the coming into force of any provision falling within that |
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(5) | Before making an order under subsection (3) in relation to any provision of Part |
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1 of Schedule 6 (birth registration), the Secretary of State must consult the |
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Registrar General for England and Wales. |
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Amendments connected to section 3 |
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Amendments of Jobseekers Act 1995 |
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1 | The Jobseekers Act 1995 (c. 18) is amended as follows. |
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Work-focused interviews etc. |
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2 | In section 8(1) (attendance, information and evidence), after “other than a” |
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insert “claimant whose claim is based on meeting condition B in section 1A |
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3 | After section 11 insert— |
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“Work-focused interviews etc. |
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11A | Persons not required to meet the jobseeking conditions |
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(1) | Regulations may make provision for or in connection with imposing |
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(a) | who makes a claim for a jobseeker’s allowance (other than a |
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joint-claim jobseeker’s allowance), and |
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(b) | to whom section 8(1) does not apply, |
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| a requirement to take part in a work-focused interview as an |
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additional condition which the person must meet before the person |
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becomes entitled to the allowance. |
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(2) | Regulations may make provision for or in connection with imposing |
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(a) | who is entitled to a jobseeker’s allowance (other than a joint- |
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claim jobseeker’s allowance), and |
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(b) | to whom section 8(1) does not apply, |
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| a requirement to take part in one or more work-focused interviews |
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as a condition of continuing to be entitled to the full amount of the |
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allowance payable apart from the regulations. |
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(3) | In this section and sections 11B and 11C “work-focused interview”, |
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in relation to any person, means an interview conducted for such |
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purposes connected with employment or training in the case of that |
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person as may be prescribed. |
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(4) | The purposes which may be so prescribed include— |
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(a) | purposes connected with a person’s existing or future |
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employment or training prospects or needs; and |
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(b) | (in particular) assisting or encouraging a person to enhance |
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the person’s employment prospects. |
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11B | Provision which may be made by regulations under section 11A |
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(1) | Regulations under section 11A(1) or (2) may, in particular, make |
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(a) | prescribing circumstances in which a person is to be subject |
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to a requirement to take part in one or more work-focused |
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interviews (a “relevant requirement”); |
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(b) | for notifying a person of a relevant requirement; |
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(c) | prescribing the work-focused interviews in which a person |
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who is subject to a relevant requirement is required to take |
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(d) | for determining, in relation to work-focused interviews |
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under the regulations, when and how the interview is to be |
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conducted and, if it is to be conducted face to face, where it is |
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(e) | for notifying persons who are subject to a relevant |
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requirement of what is determined in respect of the matters |
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mentioned in paragraph (d); |
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(f) | prescribing circumstances in which a person who is a party to |
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a work-focused interview under the regulations is to be |
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regarded as having, or not having, taken part in it; |
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(g) | for securing that the appropriate consequence follows if a |
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person who is subject to a relevant requirement— |
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(i) | fails to take part in the work-focused interview, and |
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(ii) | does not, within a prescribed period, show that the |
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person had good cause for that failure; |
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(h) | prescribing matters which are, or are not, to be taken into |
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account in determining whether a person has good cause for |
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any failure to comply with the regulations; |
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(i) | prescribing circumstances in which a person is, or is not, to be |
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regarded as having good cause for any such failure. |
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(2) | For the purposes of subsection (1)(g) “the appropriate consequence” |
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(a) | in the case of regulations under section 11A(1), that the |
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person is to be regarded as not having made a claim for the |
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allowance or, if the allowance has already been awarded |
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(because the case is within subsection (6)), the entitlement to |
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it is to cease immediately; |
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(b) | in the case of regulations under section 11A(2), that the |
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amount of the allowance is to be reduced by the prescribed |
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amount until the prescribed time. |
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(3) | Regulations under section 11A(2) may, in relation to any such |
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(a) | for the amount of the reduction to be calculated in the first |
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instance by reference to such amount as may be prescribed; |
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(b) | for the amount as so calculated to be restricted, in prescribed |
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circumstances, to the prescribed extent; |
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(c) | where the person is also entitled to one or more relevant |
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benefits, for determining the extent, and the order, in which |
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the jobseeker’s allowance and the relevant benefits are to be |
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reduced in order to give effect to the required reduction. |
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(4) | Regulations under section 11A(1) or (2) may provide that a relevant |
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requirement that would otherwise apply to a person by virtue of the |
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(a) | is, in any prescribed circumstances, either not to apply or not |
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to apply until such time as is prescribed; |
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(b) | is not to apply if the Secretary of State determines that a |
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work-focused interview would not be of assistance to the |
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person or would otherwise not be appropriate in the |
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(c) | is not to apply until such time as the Secretary of State |
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determines, if the Secretary of State determines that a work- |
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focused interview would not be of assistance to the person, or |
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would otherwise not be appropriate in the circumstances, |
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(5) | The regulations may make provision for treating a person in relation |
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to whom a relevant requirement does not apply, or does not apply |
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until a particular time, as having complied with the requirement to |
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such extent and for such purposes as may be prescribed. |
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(a) | a person is subject to a relevant requirement as a result of |
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regulations under section 11A(1), and |
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(b) | the interview is postponed by or under provision of the |
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regulations made as a result of subsection (4)(a) or (c) above, |
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| the time to which it is so postponed may be a time falling after an |
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(7) | In this section “relevant benefit”, in relation to any person, means |
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any benefit in relation to which the person is required to take part in |
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a work-focused interview by virtue of regulations made under |
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section 2A of the Administration Act. |
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11C | Action plans in connection with work-focused interviews |
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(1) | The Secretary of State must in prescribed circumstances provide an |
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action plan to a person subject to a requirement imposed under |
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section 11A to take part in a work-focused interview. |
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(2) | In this section an “action plan” means a document prepared for such |
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purposes as may be prescribed. |
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(3) | Regulations may make provision about— |
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(a) | the form of action plans; |
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(b) | the content of action plans; |
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(c) | the review and updating of action plans. |
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(4) | Regulations may make provision for reconsideration of an action |
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plan at the request of the person to whom it is provided and may, in |
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particular, make provision about— |
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(a) | the circumstances in which reconsideration may be |
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(b) | the period within which any reconsideration must take place; |
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(c) | the matters to which regard must be had when deciding on |
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reconsideration whether the plan should be changed; |
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(d) | notification of the decision on reconsideration; |
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(e) | the giving of directions for the purpose of giving effect to the |
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decision on reconsideration.” |
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Directions given by officers of the Secretary of State etc |
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4 | After section 18 insert— |
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“Claimants to comply with directions etc. |
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18A | Requirements imposed on claimants by officers of the Secretary of |
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(1) | A claimant must carry out any direction given by an officer of the |
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Secretary of State to the claimant with a view to achieving one or |
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(a) | assisting the claimant to find employment; |
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(b) | improving the claimant’s existing or future prospects of |
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being or remaining employed. |
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(2) | A direction under subsection (1)— |
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(a) | must be reasonable, having regard to the claimant’s |
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(b) | must be in writing; and |
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(c) | may be varied or revoked by a subsequent direction given |
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(3) | If an officer of the Secretary of State notifies a claimant of a place on |
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a training scheme which is vacant or about to become vacant, the |
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(a) | must apply for the place, and |
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(b) | if offered the place, must accept it and attend the scheme. |
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(4) | If an officer of the Secretary of State notifies a claimant of a place on |
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an employment programme which is vacant or about to become |
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(a) | must apply for the place, and |
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(b) | if offered the place, must accept it and attend the programme. |
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(5) | If an officer of the Secretary of State notifies a claimant of a situation |
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in any employment which is vacant or about to become vacant, the |
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(a) | must apply for the situation, and |
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(b) | if offered the situation, must accept it. |
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(6) | In the case of a person whose claim to a jobseeker’s allowance is |
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based on meeting condition B in section 1A— |
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(a) | a subsection (1)(a) direction may not be given except as |
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mentioned in subsection (7); and |
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(b) | subsections (4) and (5) do not apply (but see subsection (7)). |
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(7) | If a person whose claim to a jobseeker’s allowance is based on |
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meeting condition B in section 1A so agrees— |
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(a) | a subsection (1)(a) direction may be given to the person; and |
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(b) | a subsection (1)(b) direction may require the person to apply |
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for a place on an employment programme and, if offered the |
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place, accept it and attend the programme. |
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(8) | Regulations may, in the case of a person of a prescribed description |
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whose claim to a jobseeker’s allowance is based on meeting |
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condition B in section 1A, provide— |
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(a) | for a subsection (1)(b) direction not to be given or not to be |
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given in prescribed circumstances; |
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(b) | for subsection (3) not to apply or not to apply in prescribed |
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(9) | For the purposes of this section— |
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“employment programme” has such meaning as may be |
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“subsection (1)(a) direction” means a direction under subsection |
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(1) given with a view to achieving the purpose mentioned in |
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paragraph (a) of that subsection; |
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“subsection (1)(b) direction” means a direction under |
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subsection (1) given with a view to achieving the purpose |
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mentioned in paragraph (b) of that subsection; |
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“training scheme” has such meaning as may be prescribed. |
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(10) | For the purposes of the application of this section in the case of a |
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joint-claim couple claiming a joint-claim jobseeker’s allowance— |
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(a) | a direction or notification under this section may be given to |
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only one member of the couple, or |
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(b) | separate directions or notifications under this section may be |
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given to each member of the couple, |
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| and references in this section to a claimant are to be read accordingly. |
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(11) | Nothing in any provision of this section is to be read as prejudicing |
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the generality of any other provision of this section or of section 18B. |
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(12) | For the sanctions for failure to comply with this section, see sections |
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19 and 20A (as read with sections 18C and 18D). |
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18B | Work-related activity: section 1A(4) claimants |
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(1) | Regulations may make provision for or in connection with imposing |
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on a person whose claim to a jobseeker’s allowance is based on |
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meeting condition B in section 1A a requirement to undertake work- |
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related activity in accordance with regulations. |
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(2) | Regulations under this section may, in particular, make provision— |
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