Jobseeker's Allowance (Hansard, 2 March 1995)

§ Mr. McCartney
To ask the Secretary of State for Employment to what period a jobseeker's allowance will be backdated in instances in which the claimant believes the jobseeker's agreement to be unreasonable; and what criteria apply in making this decision.

§ Miss Widdecombe
[holding answer 6 February 1995]: The independent adjudication officer will have power to direct when a jobseeker's agreement is to be treated as having effect, if such conditions as he considered appropriate are satisfied. Each case will be decided on its own merits, though regulations may prescribe matters which are to be taken into account by the adjudication officer when making such a direction.

§ Mr. McCartney
To ask the Secretary of State for Employment if, where there is right of appeal for claimants seeking entitlement to jobseeker's allowance, allowance or benefit will be paid at the full rate until the adjudicating officer gives a decision.

§ Miss Widdecombe
[holding answer 6 February 1995]: Questions arising in connection with a claim to jobseeker's allowance will be submitted for decision by an adjudication officer. Claimants will have a right of appeal to a social security appeals tribunal against any adverse decision by the adjudication officer.
Payment of benefit will not be made clear or will be suspended pending a decision on one of the basic conditions of entitlement—whether the claimant is available for work or is actively seeking it, or whether the proposed terms of a jobseeker's agreement are satisfactory. Claimants in defined vulnerable groups will, however, be able to receive reduced rate income-based payments during the suspension, if they can show that they or a member of their household would otherwise suffer hardship. Other claimants will be able to claim on this basis after the first two weeks of the suspension.
Disputes during a claim over the terms of a variation of a jobseeker's agreement will generally also involve doubts about availability and actively seeking. Benefit will, in such circumstances, be suspended pending the decision of an adjudication officer. If, however, availability and actively seeking are not in doubt the 711W agreement remains in force, and in these circumstances benefit will continue to be paid in full unless or until the adjudication officer brings the agreement to an end when the claimant has failed to comply with a direction given by him.
Claimants who otherwise satisfy the conditions of entitlement will continue to receive benefit in full pending a decision on whether to impose a sanction under clause 15 of the Jobseekers Bill for instance, for leaving employment voluntarily without just cause or failing to carry out a jobseeker's direction.

§ Mr. McCartney
To ask the Secretary of State for Employment in cases where the jobseeker's allowance appeal tribunal decides in the claimant's favour and an amended agreement is signed, if entitlement to jobseeker's allowance will be backdated; and if the tribunal decides against the claimant and he then signs the original agreement, if benefit will be backdated.

§ Miss Widdecombe
[holding answer 6 February 1995]: In cases where the social security appeals tribunal decides in the jobseeker's favour, the jobseeker's agreement will be backdated and payments of jobseeker's allowance will be backdated, provided that the claimant satisfies the other conditions of receipt of JSA.
If the tribunal finds against the claimant, he will not receive payments of JSA until a satisfactory agreement has been signed by both parties.

§ Mr. McCartney
To ask the Secretary of State for Employment what guarantees will be provided to ensure that where a claimant for the jobseeker's allowance has not yet signed the agreement for the purposes of administration or adjudication, payment of benefit will be backdated to cover this delay.

§ Miss Widdecombe
[holding answer 6 February 1995]: The employment officer and the jobseeker will seek to draw up a jobseeker's agreement. If they cannot reach an agreement, the proposed terms and conditions of the agreement will be referred to an adjudication officer. The jobseeker will not be entitled to jobseeker's allowance unless he is in a prescribed vulnerable group and can apply for JSA hardship payments. If there is no decision after two weeks, however, all jobseekers will be entitled to apply for hardship payments.
The adjudication officer will be able to make a direction about when the agreement is to be treated as having come into force. If he decides the agreement should be backdated, payments of JSA will be backdated, providing the jobseeker meets the other conditions of receipt of JSA.

§ Mr. McCartney
To ask the Secretary of State for Employment what guarantees in respect of time scales will be given to ensure that waiting times will not be detrimental to the financial well-being of the claimant while he or she is waiting for an outcome of the assessment undertaken for the purposes of entering into the jobseeker's agreement.

§ Miss Widdecombe
[holding answer 6 February 1995]: If a reference on the terms and conditions of a jobseeker's agreement is made to an adjudication officer and no decision is made within two weeks, the jobseeker will be able to apply for hardship payments. Certain vulnerable groups will be able to claim hardship payments from the date of claim.
712W
When the adjudication officer makes a determination on the agreement, he will also be able to direct when it is to be treated as having effect.

§ Mr. McCartney
To ask the Secretary of State for Employment what procedures will apply when a claimant thinks that the jobseeker's agreement is unreasonable; what minimum standards will apply in respect of time scales for referral; and if benefit will continue to be paid during this or any subsequent period of appeal.

§ Miss Widdecombe
[holding answer 6 February 1995]: If the jobseeker and employment officer are not able to agree a jobseeker's agreement, either may refer it to an independent adjudication officer to determine whether it is reasonable to expect the jobseeker to comply with the terms and conditions, and if he does comply, whether he will satisfy the availability and actively seeking work conditions.
The proposed agreement will be referred for adjudication as quickly as possible. If no decision has been made within two weeks, the jobseeker will be able to apply for hardship payments. Certain groups of jobseekers will be able to claim from the date of their claim.