§ Mr. HopkinsTo ask the Secretary of State for Social Security (1) how many Jobseeker's Allowance cases, resulting from refusals to claims based on regulations 51(2)(c) and 51(2)(b)(i) of the Jobseeker's Allowance Regulations 1996, are being stayed; and how many of the claimants involved are(a) men and (b) women; [132711]
(2) if he will estimate the number of (a) men and (b) women affected by (i) regulation 51(2)(c) and (ii) regulation 51(2)(b)(i) of the Jobseeker's Allowance Regulations 1996 for each of the last four years; [132712]
(3) what representations he has received in relation to the payment of Jobseeker's Allowance to term-time only workers; and if he will make a statement; [132714]
(4) if he will estimate the cost of restoring the entitlement to Jobseeker's Allowance for term-time only workers. [132715]
§ Angela EagleWe have received representations about entitlement to Jobseeker's Allowance (JSA) or Income Support (IS) from ancillary workers and their representatives. The current legal position is that ancillary workers with an ongoing contract of employment, who are not entitled to Jobseeker's Allowance (JSA) or Income Support (IS) during term-time because of the hours they work, are also not entitled to JSA or IS during the school holidays.
This position, which reflects the original JSA provisions introduced in 1996, was confirmed by the decision of the Court of Appeal on 14 October 1999. The retrospective effect of the Court of Appeal decision means that there was never any entitlement to JSA during the school holidays for this group of ancillary workers. Leave to appeal to the House of Lords against the Court of Appeal decision was granted on 11 April.
Claims to JSA or IS by term-time workers are decided on an individual basis. We understand that no claims are being stayed under the formal staying provisions. However, the Appeals Service advise that as at 30 June there were 3,532 appeals involving term-time workers where decisions have been deferred pending the decision of the House of Lords. In addition, on the directions of Commissioners, 114 appeal cases are awaiting the outcome of the House of Lords cases. The gender breakdown is unknown and could be obtained only at disproportionate cost.
Information to estimate the number of men and women affected by regulation 51(2)(c) and regulation 51(2)(b)(i) of the Jobseeker's Allowance Regulations 1996 for each of the last four years is not available.
604WWhen JSA was introduced in 1996 the original intention of the legislation was that ancillary workers who were not entitled to benefit during term-time were also not entitled during school holidays. We have no accurate data on which to base a reliable estimate of the cost of extending entitlement to ancillary workers who are not entitled to JSA or IS during the school holidays because of the hours they work during term-time.