Jobseekers Act 1995 (Application) (Amendment) Order 2017 JOBSEEKERS ACT 1995 (APPLICATION) (AMENDMENT) ORDER 2017 PART 1 INTRODUCTION 3

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1 Jobseekers At 1995 (Appliation) (Amendment) Order 2017 Index JOBSEEKERS ACT 1995 (APPLICATION) (AMENDMENT) ORDER 2017 Index Artile Page PART 1 INTRODUCTION 3 1 Title Commenement Jobseekers At 1995 (Appliation) Order 1996 amended Interpretation... 4 PART 2 REMUNERATIVE WORK 4 5 Setion 1 of Jobseekers At 1995 amended Setion 3 of Jobseekers At 1995 amended Setion 35 of Jobseekers At 1995 amended... 5 PART 3 JOBSEEKER S AGREEMENTS 5 8 Setion 9 of Jobseekers At 1995 amended... 5 SD No. 2017/0202 Page 1

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3 Jobseekers At 1995 (Appliation) (Amendment) Order 2017 Artile 1 Statutory Doument No. 2017/0202 Soial Seurity At 2000 JOBSEEKERS ACT 1995 (APPLICATION) (AMENDMENT) ORDER 2017 Approved by Tynwald: 18 July 2017 Coming into Operation in aordane with artile 2 The Treasury makes the following Order under setion 1 of the Soial Seurity At PART 1 INTRODUCTION 1 Title This Order is the Jobseekers At 1995 (Appliation) (Amendment) Order Commenement If approved by Tynwald, this Order omes into operation for the purposes of artile 3 (insofar as it relates to Part 2) and Part 2, on 5 November 2017; and for all other purposes, on the day after it is approved by Tynwald 1. 3 Jobseekers At 1995 (Appliation) Order 1996 amended The Shedule 2 to the Jobseekers At 1995 (Appliation) Order is amended in aordane with Parts 2 and 3. 1 Under setion 2(1) of the Soial Seurity At 2000 an order under setion 1(1) or (6) of that At shall be laid before Tynwald as soon as may be after it is made and unless it is approved by Tynwald at the sitting at whih it is laid or the next following sitting, it eases to have effet, but without prejudie to anything done under it or the making of a new order. 2 The Shedule sets out the Jobseekers At 1995 (.18) as it has effet in the Island. 3 SD 8/96. SD No. 2017/0202 Page 3

4 Artile 4 Jobseekers At 1995 (Appliation) (Amendment) Order Interpretation In Parts 2 and 3 referene to a numbered setion is to the entry relating to the setion of the Jobseekers At 1995 bearing that number as set out in the Shedule to the Jobseekers At 1995 (Appliation) Order PART 2 REMUNERATIVE WORK 5 Setion 1 of Jobseekers At 1995 amended (1) Setion 1 (the jobseeker s allowane) is amended as follows. (2) In subsetion (2), after paragraph (d) 4 insert «(da) is not engaged in remunerative work insofar as he is engaged in employment as (i) (ii) (iii) a self-employed earner; a ompany diretor; or a share fisherman;». (3) In subsetion (2A) 5, in paragraph for (f) substitute «(da)». (4) In subsetion (2B) 6, in paragraph for (f) substitute «(da)». (5) After subsetion (4) 7 add «(4A) In subsetion (2)(da) employment inludes any trade, business, profession, offie or voation.». 6 Setion 3 of Jobseekers At 1995 amended In setion 3 (the inome-based onditions), in subsetion (1) after paragraph (d) insert «(da) is not a member of a married or unmarried ouple the other member of whih is engaged in remunerative work insofar as he is engaged in employment as (i) (ii) (iii) a self-employed earner; a ompany diretor; or a share fisherman;». 4 Paragraph (d) was substituted by paragraph 2 of Shedule 7 to the Welfare Reform and Pensions At 1999 (see SD 600/00) ( the 1999 At ). 5 Subsetion (2A) was inserted by paragraph 2 of Shedule 7 to the 1999 At and amended by SD 2015/ Subsetion (2B) was inserted by paragraph 2 of Shedule 7 to the 1999 At and amended by SD 2015/ Subsetion (4) was amended by paragraph 2 of Shedule 7 to the 1999 At. Page 4 SD No. 2017/0202

5 Jobseekers At 1995 (Appliation) (Amendment) Order 2017 Artile 7 7 Setion 35 of Jobseekers At 1995 amended In setion 35(1) (interpretation) in the definition of employment after 7 insert «and subjet to setion 1(2)(da)»; and in the appropriate plae insert the following definitions «ompany diretor means a diretor of a ompany within the meaning of setion 221 of the Companies At 2006 (of Tynwald) and for this purpose ompany means a ompany within the meaning of setion 341 of the Companies At 1931 (of Tynwald) or setion 1261 of the Companies At 2006 (of Parliament); self-employed earner has the meaning it has in Part I of the Benefits At by virtue of setion 2(1) of that At; share fisherman means any person who is ordinarily employed in the fishing industry otherwise than under a ontrat of servie, as a master or member of the rew of any fishing boat manned by more than one person, and is remunerated in respet of that employment in whole or in part by a share of the profits or gross earnings of the fishing boat; or has ordinarily been so employed, but who by reason of age or infirmity permanently eases to be so employed and beomes ordinarily engaged in employment ashore in the Isle of Man otherwise than under a ontrat of servie making or mending any gear appurtenant to a fishing boat or performing other servies anillary to or in onnetion with that boat and is remunerated in respet of that employment in whole or in part by a share of the profits or gross earnings of that boat and has not eased to be ordinarily engaged in suh employment;». PART 3 JOBSEEKER S AGREEMENTS 8 Setion 9 of Jobseekers At 1995 amended (1) Setion 9 (the jobseeker s agreement) is amended as follows. (2) For subsetion (2) substitute «(2) A jobseeker s agreement shall have effet only for the purposes of setion 1; or regulations under setion 22(5) of the Benefits At (earnings fators).». SD No. 2017/0202 Page 5

6 Artile 8 Jobseekers At 1995 (Appliation) (Amendment) Order 2017 (3) In subsetion (12) 8 after agreement insert «whih has effet for the purposes speified in subsetion (2)». (4) After subsetion (12) insert «(12A) A jobseeker s agreement whih has effet for the purposes speified in subsetion (2) entered into by a laimant shall ease to have effet on the oming to an end of an award of a jobseeker s allowane whih would have been made to him but for his not satisfying the onditions set out in setion 2 (the ontribution-based onditions) or 3 (the inome-based onditions); or if he a member of a joint-laim ouple, to the ouple but for the onditions set out in setion 3A (the onditions for laims by joint-laim ouples) not being satisfied in relation to the ouple.». MADE 21 JUNE 2017 A L CANNAN Minister for the Treasury 8 Subsetion (12) was amended by paragraph 8 of Shedule 7 to the 1999 At. Page 6 SD No. 2017/0202

7 Jobseekers At 1995 (Appliation) (Amendment) Order 2017 Explanatory Note EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Jobseekers At 1995 (as it has effet in the Island). Part 1 is introdutory. Part 2 reinstates the ondition that a person must not be in remunerative work to qualify for jobseeker s allowane but only in relation to self-employed persons, ompany diretors and share fishermen. That ondition was revoked for all persons in August Part 3 provides that a jobseeker s agreement may have effet for the purposes of regulations under setion 22(5) of the Soial Seurity Contributions and Benefits At 1992 as well as setion 1 of the Jobseekers At 1995 (as those Ats of the UK Parliament have effet in the Island). Regulations under setion 22(5) provide for rediting a person with earnings or ontributions for any tax year to bring their earnings fator for that year to a figure whih will enable them to satisfy the ontribution onditions for ertain soial seurity benefits. The amendments made by Part 3 enable regulations to make it a ondition that a person has entered into a jobseeker s agreement to be redited with earnings or ontributions. SD No. 2017/0202 Page 7