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Statutory Instruments

2014 No. 2309

Social Security

The Social Security (Jobseeker’s Allowance and Employment and Support Allowance) (Waiting Days) Amendment Regulations 2014

Made

1st September 2014

Laid before Parliament

4th September 2014

Coming into force

27th October 2014

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 21, 35(1) and 36(2) and (4)(a) of, and paragraphs 4 and 10(1) of Schedule 1 to, the Jobseekers Act 1995( 1 ) and sections 22, 24(1) and 25(2), (3) and (5)(a) of, and paragraph 2 of Schedule 2 to, the Welfare Reform Act 2007( 2 ).

In accordance with section 172(1) of the Social Security Administration Act 1992, the Secretary of State has referred the proposals for these Regulations to the Social Security Advisory Committee.

Citation and commencement

1. These Regulations may be cited as the Social Security (Jobseeker’s Allowance and Employment and Support Allowance) (Waiting Days) Amendment Regulations 2014 and come into force on 27th October 2014.

Increase in waiting days

2. —(1) In regulation 46(2) of the Jobseeker’s Allowance Regulations1996( 3 ) (waiting days), for “3” substitute “7”.

(2) In regulation 144(1) and (2)(d) of the Employment and Support Allowance Regulations 2008( 4 ) (waiting days), for “3” substitute “7”.

(3) In regulation 36(2) of the Jobseeker’s Allowance Regulations 2013( 5 ) (waiting days), for “three” substitute “seven”.

(4) In regulation 85(1) of the Employment and Support Allowance Regulations 2013( 6 ) (waiting days), for “three” substitute “seven”.

Consequential amendments

3. —(1)The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2) In regulation 141(2) (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship)( 7 ), for “4th” substitute “8th”.

(3) In regulation 146C(2)(a) (circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship)( 8 ), for “fourth” substitute “eighth”.

Transitional provision

4. —(1)Regulations 2(1), (3) and 3 do not apply where the jobseeking period( 9 ) for the purposes of paragraph 4 of Schedule 1 (supplementary provisions) to the Jobseekers Act 1995 began before 27th October 2014.

(2)Regulations 2(2) and (4) do not apply where the period of limited capability for work for the purposes of paragraph 2 of Schedule 2 (supplementary provisions) to the Welfare Reform Act 2007 began before 27th October 2014.

(3) The amendment to regulation 144(2)(d) of the Employment and Support Allowance Regulations 2008 made by regulation 2(2) does not apply where the beginning of the period of limited capability for work which relates to the former claimant’s entitlement began before 27th October 2014.

Signed by authority of the Secretary of State for Work and Pensions

Mark Harper

Minister of State,

Department for Work and Pensions

1st September 2014

( 1 )

1995 c.18 . Section 35(1) is an interpretation provision and is cited for the meaning of “prescribed” and “regulations”. Section 36(4)(a) was amended by the Social Security Contributions (Transfer of Functions, etc. ) Act 1999 (c. 2) , section 2 and paragraph 63 of Schedule 3.

( 2 )

2007 c.5 . Section 24(1) is an interpretation provision and is cited for the meaning of “prescribed” and “regulations”.

( 4 )

S.I. 2008/794 . Relevant amending instruments are S.I. 2008/2428 and S.I. 2012/913 .

( 7 )

Regulation 141(2) was amended by S.I. 1996/1517 and S.I 1996/2538 .

( 8 )

Regulation 146C was inserted by S.I. 2000/1978 .

( 9 )

See regulation 47 of the Jobseeker’s Allowance Regulations 1996 and regulation 37 of the Jobseeker’s Allowance Regulations 2013 for the meaning of “jobseeking period”.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Social Security (Jobseeker’s Allowance and Employment and Support Allowance) (Waiting Days) Amendment Regulations 2014 (2014/2309)

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