Commentary on Sections Schedule 24 – Social security, child support and tax credits Part 7 – Amendments of the Jobseekers Act 1995 (c. 18)
884.Paragraphs 118 to 121, 123 and 124 amend the definition of terms relating to family membership within the Jobseekers Act 1995 in line with those for other income-related benefits (see paragraphs 42 to 46). For jobseeker’s allowance there are additional effects of being treated as a couple. Where either the claimant or their partner was born after 28th October 1957 and is 18 and over and neither is responsible for children in certain circumstances, then they are required to make a claim for jobseekers allowance as a “joint-claim couple”. There are sanctions implications for joint-claim couples where one member of the couple does not comply with jobseekers directions requiring them to attend opportunities to improve their job prospects. These provisions will apply in the same way to same-sex couples who are civil partners or “living together as if they were civil partners”.
885.Paragraph 122 extends the provisions that currently allow for the recovery of spousal maintenance where an award of jobseeker’s allowance has been made to that spouse to cover civil partners in the same circumstances.
886.Paragraph 125 substitutes the term “couple” for “married or unmarried couple” in Schedule 1 to the Jobseekers Act 1995. This has the effect of extending the power contained in paragraph 9C(1) to include same-sex couples. The paragraph 9C(1) power allows regulations to be made which can provide for situations where a couple which was not previously a joint-claim couple to become a joint-claim couple.