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Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2006

rose to move, That the draft regulations laid before the House on 24 April be approved [25th Report from the Joint Committee]. The noble Lord said: My Lords, noble Lords will be aware that it is a condition of entitlement to jobseeker’s allowance that claimants have to be available for and actively seeking work. However, there are a number of exceptions within the jobseeker’s allowance regulations that protect jobseekers’ entitlement when, for a good reason, they cannot meet the conditions. These regulations amend three of the jobseeker’s allowance entitlement conditions: actively seeking work, availability for work and fortnightly intervention. The regulations provide, first, that jobseekers required to attend court or a tribunal for up to eight weeks will remain entitled to jobseeker’s allowance until their period of court or tribunal attendance has ended. Secondly, jobseekers who have been temporarily detained in police custody for 96 hours or less will retain their entitlement to jobseeker’s allowance. Thirdly, the availability rules for carers are extended to allow them 48 hours to attend a job interview and one week to take up the offer of employment. At present, when a jobseeker is required to attend court or a tribunal for longer than one day, he has to go through a complex process to maintain his existing level of financial support. Because he is not available for work during the time in court, his jobseeker’s allowance claim is closed down. He then has the options of claiming income support or of claiming for his loss of income through the Courts Service. When he is no longer required in court, he must reclaim jobseeker’s allowance. That process is not straightforward and payment is often delayed, creating additional financial hardship to those already on a limited income, often leading jobseekers to exercise the right to be excused from jury duty on the grounds of severe financial hardship. The first objective of these regulations is to help prevent any financial hardship for jobseekers required to attend court or a tribunal by treating them for a limited time as available for and actively seeking employment. This will mean that jobseekers called for jury service can undertake that duty without being financially penalised by losing benefit or facing delays in payment. It will also reduce administrative costs, as those jobseekers will no longer be forced to swap between benefits. Like jobseekers required to attend court or tribunal proceedings, those who have been temporarily detained by the police are not available for or able to seek work during the time they are detained. Under current regulations, a jobseeker detained by the police for one or two days could lose his benefit for up to two weeks. Following a recommendation from the Court of Appeal, we have decided that those who are detained temporarily and subsequently released should not lose jobseeker’s allowance. The Police and Criminal Evidence Act 1984 currently provides for a maximum period of detention of 96 hours. Under the Criminal Procedures (Scotland) Act 1995, a person can be detained in custody for a shorter period before he has to be released or charged. Therefore, these regulations will allow anyone who has been temporarily detained by the police for up to 96 hours and then released to be treated as available for and actively seeking work during his period of detention. This will apply only to those in police detention for 96 hours or less and then released. Jobseeker’s allowance will not be payable to anyone detained for more than 96 hours. The third objective of these regulations is to enable jobseekers with caring responsibilities sufficient time to make alternative care arrangements before taking up an offer of employment. To receive benefit, jobseekers must normally be available immediately to attend a job interview or to take up employment. However, we recognise that for some groups this may not be possible. That is reflected in the current legislation, which allows volunteers one week’s notice to take up a job offer. Those with caring responsibilities have 48 hours’ notice. We are responding positively to recommendations from the Equal Opportunities Commission for jobseekers with caring responsibilities to have a longer period in which to attend a job interview or take up an offer of employment. These regulations will extend the time available for carers to take up a job offer to one week and to 48 hours to attend an interview. By increasing the amount of time available to make alternative care arrangements, we will make jobseeker’s allowance more accessible to people with caring responsibilities. That should be particularly beneficial to lone parents and those who have no access to formal childcare, giving them the option of claiming jobseeker’s allowance, and helping them to keep in touch with the labour market. I hope that noble Lords will agree that these regulation changes are worth while. They support this Government’s promise of,"““work for those who can and support for those who cannot””," by ensuring that in the future those receiving jobseeker’s allowance are not disadvantaged as a result of being in the situations I have outlined. We are satisfied that this statutory instrument is compatible with the European Convention on Human Rights. I beg to move. Moved, That the draft regulations laid before the House on 24 April be approved [25th Report from the Joint Committee].—(Lord Evans of Temple Guiting.)