698.This section sets out how the Community Sentence provisions will apply to a couple claiming JSA under the “joint claim” provisions.
699.Schedule 7 to the Welfare Reform and Pensions Act 1999* introduced the requirement on certain couples to make joint claims for JSA. These provisions are to be commenced on 19 March 2001. The requirement to make a joint claim for JSA will impact on couples without children, where one or both partners is in the 18-24 years age range on the date when the measure is introduced. Coverage will apply to those born on or after a certain date, so older couples without children will be included as time passes. Under joint claims, both members of the couple will have to claim JSA and both will have to meet JSA labour market conditions.
700.Subsection (1) provides for subsections (2) and (3) to apply where the conditions of entitlement to joint-claim JSA are or become satisfied in relation to a couple and the community sentence sanction would have applied to at least one of the couple.
701.Subsection (2) provides that no joint claim JSA will be payable where both members of the couple are subject to community sentence sanctions, or where one member is subject to a community sentence sanction and the other is already subject to a sanction pursuant to section 20A of the Jobseekers Act 1995*. Section 20A provides for sanctions to apply to members of joint claim couples where they have unreasonably caused or prolonged their own unemployment.
702.Subsection (3) provides that where only one member of the couple is subject to a community sentence sanction and the other member is not subject to certain other sanctions, the amount of JSA payable will be reduced to an amount calculated in a prescribed way and will be paid to the member of the couple who is not subject to that sanction.
703.Subsection (4) provides for hardship payments to be made in cases where both members of a joint-claim couple for JSA are sanctioned for a breach of a community sentence, or where one member is sanctioned for such a breach and the other is sanctioned for employment-related reasons imposed under section 19 of the Jobseekers Act 1995. Regulations will prescribe the rate of payment, what information the couple need to provide and the circumstances in which such payments will be made.
704.Subsection (5) provides that the reduced amount referred to in subsection (3) will be calculated in the same way as described in section 20A of the Jobseekers Act 1995. The normal couple rate is £81.95 (April 2000 rates), plus any premiums or housing costs where applicable. If both members of the couple receive a community sentence sanction the amount will be reduced to nil. If one member of the couple is subject to a sanction, the other member will be paid the equivalent of the appropriate single person’s rate (ie £41.35 if aged 18 to 24, £52.20 aged 25 and over).
705.Subsection (6) provides for the payment of arrears in the event that a decision that an offender has breached the terms of his sentence is subsequently quashed or set aside by a Court.
706.Subsection (7) sets a maximum length of 26 weeks for the “prescribed period”. The intention for the pilot exercises is that the period will be for 4 weeks only. Regulations will be made specifying when the period of the restriction will commence. This will usually be the first full benefit week after the decision to impose a restriction is made. This avoids the need to calculate part-time week payments.
Part III: Social Security Administration Commentary on Sections Section 63: Loss of joint-claim Jobseekers Allowance