HC Deb 20 May 1999 vol 331 cc1330-3

Amendments made: No. 92, in page 93, line 21, at end insert—

`() Subsections (1) and (2) have effect subject to section 4A(2A) and (4A).'.

No. 93, in page 93, line 45, after 'couple' insert

`or a member of such a couple'.

No. 94, in page 93, line 45, leave out from 'which' to `applies' in line 46 and insert

`contains corresponding provisions relating to joint-claim couples,'.

No. 95, in page 93, line 48, leave out from '4A' to `have' in line 51 and insert—

'(1ZA) This section applies where—

  1. (a) a joint-claim couple are entitled to a joint-claim jobseeker's allowance, and
  2. (b) one or each of the members of the couple is in addition entitled to a contribution—based jobseeker's allowance;
and in such a case the provisions of this section have effect in relation to the couple in place of section 4(3A).

(1) If a joint-claim couple falling within subsection (1ZA)'.

No. 96, in page 94, line 6, leave out

`to a couple to whom subsection (1) applies'

and insert

`in accordance with subsection (1)'.

No. 97, in page 94, line 13, at end insert—

'(2A) Where the amount payable in accordance with subsection (1) is the couple's personal rate, then—

  1. (a) if each member of the couple is entitled to a contribution-based jobseeker's allowance, an amount equal to the member's own personal rate shall be payable in respect of the member by way of such an allowance;
  2. (b) if only one of them is so entitled, an amount equal to that member's personal rate shall be payable in respect of the member by way of such an allowance;
and in either case nothing shall be payable in respect of the couple by way of a joint-claim jobseeker's allowance.'.

No. 98, in page 94, line 14, leave out from '(3)' to `shall' in line 17 and insert

'If a joint-claim couple falling within subsection (1ZA) have an income, the amount payable in respect of the couple by way of a jobseeker's allowance'.

No. 99, in page 94, line 23, leave out

'to a couple to whom subsection (3) applies'

and insert

'in accordance with subsection (3)'.

No. 100, in page 94, line 32, at end insert—

'(4A) Where the amount payable in accordance with subsection (3) is the couple's personal rate, subsection (2A) shall apply as it applies in a case where the amount payable in accordance with subsection (1) is that rate.'.

No. 101, in page 94, line 38, leave out 'satisfies the contribution-based conditions,' and insert

`is entitled to a contribution-based jobseeker's allowance,'.

No. 102, in page 94, line 39, leave out 'a contribution-based jobseeker's' and insert 'such an'.

No. 103, in page 94, line 41, leave out 'satisfies those conditions,' and insert

'is entitled to a contribution-based jobseeker's allowance,'.

No. 104, in page 94, line 51, leave out 'satisfies the contribution-based conditions,' and insert

'is entitled to a contribution-based jobseeker's allowance,'.

No. 105, in page 95, line 1, leave out 'satisfies those conditions,' and insert

'is entitled to such an allowance,'.

No. 40, in page 95, line 2, at end insert—

'6A.—(l) Section 8 (power to make regulations requiring attendance etc.) is amended as follows.

(2) In subsection (1), after "claimant" insert "(other than a joint-claim couple claiming a joint-claim jobseeker's allowance)".

(3) After subsection (1) insert—

"(IA) Regulations may make provision—

  1. (a) for requiring each member of a joint-claim couple claiming a joint-claim jobseeker's allowance to attend at such place and such time as the Secretary of State may specify;
  2. (b) for requiring a member of such a couple to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment;
  3. (c) for requiring such a couple to jointly provide information and such evidence as may be prescribed as to the circumstances of each or either member of the couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment;
  4. (d) where any requirement to provide information or evidence is imposed on such a couple by virtue of paragraph (c), for the joint obligation of the couple to be capable of being discharged by the provision of the information or evidence by one member of the couple."

(4) In subsection (2), after "Regulations under subsection (1)" insert "or (1A)".

(5) In subsection (2)(a) (cases where entitlement to allowance may cease on account of non-compliance), after "in the case of a claimant who" insert ", or (as the case may be) a joint-claim couple claiming a joint-claim jobseeker's allowance a member of which,".

(6) In subsection (2)(b) (cases where entitlement to allowance may cease by reference to the time expired since the claimant's last attendance)—

  1. (a) after "he" insert "or, as the case may be, a member of the joint-claim couple"; and
  2. (b) after "subsection (1)(a)" insert "or (1A)(a)".

(7) For paragraph (c) of subsection (2) (provision for entitlement not to cease where good cause shown) substitute—

"(c) provide for entitlement not to cease if the claimant or (as the case may be) either member of the joint-claim couple shows, within a prescribed period of the failure to comply on the part of the claimant or (as the case may be) a member of the couple, that the claimant or (as the case may be) the defaulting member of the couple had good cause for that failure; and".'.

No. 91, in page 99, line 21, at end insert—

'() After paragraph 9 insert—

"Continuity of claims and awards: persons ceasing to be a joint-claim couple

9A.—(1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons ("ex-members") who cease to be members of a joint-claim couple.

(2) Regulations under this paragraph may, in particular, provide—

  1. (a) for treating each or either of the ex-members as having made any claim made by the couple or, alternatively, for any such claim to lapse;
  2. (b) for any award made in respect of the couple to be replaced by an award (a "replacement award") in respect of each or either of the ex-members of the couple or, alternatively, for any such award to lapse.

Continuity of claims and awards: persons again becoming a joint-claim couple

9B.—(1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons ("ex-members") who, having ceased to be members of a joint-claim couple, again become the members of a joint-claim couple.

(2) Regulations under this paragraph may, in particular, provide—

  1. (a) for any claim made by the ex-members when they were previously a joint-claim couple to be revived or otherwise given effect as a claim made by the couple;
  2. (b) for any award made in respect of the ex-members when they were previously a joint-claim couple to be restored;
  3. (c) for any such award, or any replacement award (within the meaning of paragraph 9A) made in respect of either of them, to be replaced by an award (a "new award") in respect of the couple.

Continuity of claims and awards: couple becoming a joint-claim couple

9C.—(1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons who become members of a joint-claim couple as a result of the married or unmarried couple of which they are members becoming a joint-claim couple.

(2) Regulations under this paragraph may, in particular, provide—

  1. (a) for any claim made by either member of the couple before the couple became a joint-claim couple to be given effect as a claim made by the couple;
  2. (b) for any award, or any replacement award (within the meaning of paragraph 9A), made in respect of either member of the couple before the couple became a joint-claim couple to be replaced by an award (a "new award") in respect of the couple.

Paragraphs 9A to 9C: supplementary

9D.—(1) Regulations may provide, in relation to any replacement award (within the meaning of paragraph 9A) or new award (within the meaning of paragraph 9B or 9C), for—

  1. (a) the award to be of an amount determined in a prescribed manner;
  2. (b) entitlement to the award to be subject to compliance with prescribed requirements as to the provision of information and evidence.

(2) In paragraphs 9A to 9C and this paragraph—

"award" means an award of a jobseeker's allowance;

"claim" means a claim for a jobseeker's allowance."'.—[Mr. Kevin Hughes.]

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