Commentary on Sections Schedule 7: Jobseeker’s allowance in interim period: consequential amendments Section 49: Claimant responsibilities for jobseeker’s allowance
254.Section 49 replaces provisions in JA 1995 that relate to the responsibilities that JSA claimants must meet and the imposition of sanctions where JSA claimants fail to meet those responsibilities. These changes will be brought into force at the same time as universal credit and will relate only to contribution-based JSA.
255.The amendments ensure that the provisions to impose requirements on JSA claimants are the same as those for claimants who are subject to all work-related requirements in universal credit. The intention is that the provisions in this section and section 57 will create a single system of claimant responsibilities which are consistent across JSA, ESA and universal credit.
256.Subsection (2) repeals the provisions that make actively seeking and being available for work conditions of entitlement to JSA. This is to ensure parity with the approach under universal credit where claimants in the group subject to all work-related requirements are required to meet work search and work availability requirements (in all but prescribed circumstances) but these are not conditions of entitlement.
257.Subsection (3) inserts new sections into JA 1995 which mirror the provisions for universal credit in Chapter 2 of Part 1 other than where there are necessary changes. These replace the jobseeking conditions in sections 6 to 10 of JA 1995.
258.New sections 6B to 6E set out the work-related requirements that can be imposed on a JSA claimant: a work-focused interview requirement, a work preparation requirement, a work search requirement and a work availability requirement. Sections 15 to 18 make the same provision in relation to universal credit. Section 6F(1) provides that, in all but prescribed circumstances, claimants must be subject to work search and work availability requirements. Under section 6F(2) the Secretary of State may also impose work-focused interview or work preparation requirements.
259.Work-related requirements may be recorded in the claimant commitment under section 6A. Section 6G provides for other requirements which can be placed on claimants in connection to the work-related requirements, which include requiring claimants to participate in an interview with an adviser or providing evidence that they are meeting their work-related requirements. These provisions are the same as those which relate to universal credit in sections 14 and 23.
260.Sections 6J and 6K make equivalent provision to that in sections 26 and 27 which set out the sanctions which may result if a claimant fails without good reason to meet the requirements placed upon them. Section 6J covers the most serious failures, which may result in a sanction for up to three years. Section 6K allows for a claimant’s benefit to be reduced for other failures, for an open-ended period until a compliance condition is met, for a fixed period of up to 26 weeks or a combination of both.
261.Section 6L allows for functions relating to the imposition of work-related and connected requirements to be contracted out. This power does not extend to functions relating to sanctions. Section 6L replicates section 29 which allows for contracting out in relation to universal credit.
262.Section 37 of JA 1995 is amended to provide that the first regulations made under new sections 6J or 6K are subject to the affirmative resolution procedure.