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Lord Inglewood moved Amendment No. 40:


Page 8, line 10, leave out from beginning to second ("to") in line 11, and insert ("The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed jobseeker's agreement").

On Question, amendment agreed to.

[Amendment No. 41 not moved.]

Lord Inglewood moved Amendment No. 42:


Page 8, line 13, leave out ("those terms or conditions") and insert ("the proposed agreement").

16 May 1995 : Column 500

On Question, amendment agreed to.

Lord Inglewood moved Amendment No. 43:


Page 8, line 18, leave out ("those terms or conditions") and insert ("the proposed agreement").

On Question, amendment agreed to.

[Amendment No. 44 not moved.]

Lord Inglewood moved Amendment No. 45:


Page 8, line 19, leave out from beginning to end of line 20 on page 9, and insert:
("(9) An adjudication officer to whom a reference is made under subsection (8)—
(a) shall so far as practicable dispose of it in accordance with this section before the end of the period of 14 days of the date of the reference;
(b) may give such directions, with respect to the terms on which the employment officer is to enter into a jobseeker's agreement with the claimant, as the adjudication officer considers appropriate;
(c) may direct that, if such conditions as he considers appropriate are satisfied, the proposed jobseeker's agreement is to be treated (if entered into) as having effect on such date, before it would otherwise have effect, as may be specified in the direction.
(10) Regulations may provide—
(a) for such matters as may be prescribed to be taken into account by an adjudication officer in giving a direction under subsection (9) (c); and
(b) for such persons as may be prescribed to be notified of—
(i) any determination of an adjudication officer under this section;
(ii) any direction given by an adjudication officer under this section.
(11) Any determination of an adjudication officer under this section shall be binding.").

On Question, amendment agreed to.

[Amendments Nos. 46 to 49 not moved.]

Clause 10 [Variation of jobseeker's agreement]:

Lord Inglewood moved Amendment No. 50:


Page 9, line 43, leave out ("the terms and conditions of").

On Question, amendment agreed to.

Lord Inglewood moved Amendment No. 51:


Page 9, line 45, leave out from beginning to second ("to") in line 46 and insert ("The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed variation of a jobseeker's agreement").

On Question, amendment agreed to.

[Amendment No. 52 not moved.]

Lord Inglewood moved Amendment No. 53:


Page 10, line 1, leave out ("those terms or conditions") and insert ("the agreement").

On Question, amendment agreed to.

Lord Inglewood moved Amendment No. 54:


Page 10, line 6, leave out ("those terms or conditions") and insert ("the agreement").

On Question, amendment agreed to.

[Amendment No. 55 not moved.]

The Deputy Speaker: My Lords, I have to tell the House that if Amendment No. 56 is moved, I cannot call Amendments Nos. 57 and 58.

Lord Inglewood moved Amendment No. 56:


Page 10, leave out lines 7 to 26 and insert:

16 May 1995 : Column 501


("(6) An adjudication officer to whom a reference is made under subsection (5)—
(a) shall so far as practicable dispose of it in accordance with this section before the end of the period of 14 days of the date of the reference;
(b) shall give such directions as he considers appropriate as to—
(i) whether the jobseeker's agreement should be varied, and
(ii) if so, the terms on which the claimant and the employment officer are to enter into an agreement to vary it;
(c) may bring the jobseeker's agreement to an end where the claimant fails, within a prescribed period, to comply with a direction given under paragraph (b) (ii);
(d) may direct that, if—
(i) the jobseeker's agreement is varied, and
(ii) such conditions as he considers appropriate are satisfied,
the agreement as varied is to be treated as having effect on such date, before it would otherwise have effect, as may be specified in the direction.
(7) Regulations may provide—
(a) for such matters as may be prescribed to be taken into account by an adjudication officer in giving a direction under subsection (6) (b) or (d); and
(b) for such persons as may be prescribed to be notified of—
(i) any determination of an adjudication officer under this section;
(ii) any direction given by an adjudication officer under this section.
(8) Any determination of an adjudication officer under this section shall be binding.").

On Question, amendment agreed to.

[Amendments Nos. 57 and 58 not moved.]

Lord Inglewood moved Amendment No. 59:


After Clause 10, insert the following new clause:

Jobseeker's agreement: reviews and appeals

(".—(1) Any determination of, or direction given by, an adjudication officer under section 9 or 10 may be reviewed (by a different adjudication officer) on the application of the claimant or of an employment officer.
(2) Regulations may make provision with respect to the procedure to be followed on a review under this section.
(3) The claimant may appeal to a social security appeal tribunal against any determination of, or direction given by, an adjudication officer on a review under this section.
(4) A social security appeal tribunal determining an appeal under this section may give a direction of a kind which an adjudication officer may give under section 9(9) (b) or (c) or (as the case may be) section 10(6) (b) or (d).
(5) Where a social security appeal tribunal gives a direction under subsection (4) of a kind which may be given by an adjudication officer under section 10(6) (b) (ii), an adjudication officer may bring the jobseeker's agreement to an end if the claimant fails to comply with the direction within a prescribed period.
(6) An appropriate person may, on the ground that it was erroneous in point of law, appeal to a Commissioner against the decision of a social security appeal tribunal on an appeal under this section.
(7) Any of the following is an appropriate person for the purposes of subsection (6)—
(a) the claimant;
(b) an adjudication officer;
(c) in prescribed circumstances, a trade union;
(d) in prescribed circumstances, any other association which exists to promote the interests and welfare of its members.

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(8) Subsections (7) to (10) of section 23 of the Administration Act (appeals to Commissioners) shall apply in relation to appeals under this section as they apply in relation to appeals under that section.
(9) In this section "Commissioner" has the same meaning as in the Administration Act.").

On Question, amendment agreed to.

Clause 12 [Income and capital: income-based jobseeker's allowance]:

[Amendment No. 60 not moved.]

Clause 13 [Trade disputes]:

[Amendment No. 61 not moved.]

Clause 15 [Severe hardship]:

Lord Inglewood moved Amendment No. 62:


Page 13, line 8, leave out ("or other assistance").

On Question, amendment agreed to.

Earl Russell moved Amendment No. 63:


Page 13, line 11, at end insert:
("( ) This section shall apply to any person aged 16 to 18 who has applied to join the armed forces but cannot join until the next enlistment date.").

The noble Earl said: My Lords, I have not totally shrunk into immobility. I have been encouraged to move this amendment partly by the delightfully back-handed sympathy expressed by the noble Lord, Lord Boyd-Carpenter, who said that it was the only one of my amendments on 16 and 17 year-olds that was not wholly without merit. I have been in this House long enough to recognise a hint when I hear one. I was also slightly encouraged by a very faint chink of sympathy from the Minister.

The point of this amendment is that the Armed Forces have an enlistment system based inevitably, if people are to go through basic training together, on blocks of people who come in together at three-monthly intervals. The Minister said that there was a possibility of that system changing. I shall listen to anything that he has to say about the matter with interest.

The effect on 16 and 17 year-olds is that if they want to enlist in the Armed Forces they have to wait for the next enlistment date. The time between applying and the enlistment date is not sufficient for them to do a youth training course. They cannot get a youth training place because they could not complete the course. Therefore they tend to have no visible means of support until their Army enlistment date arrives. That tends to have the effect of discouraging enlistment in the Army. It also creates very grave hardship among those who are so determined to enter the service that they are not discouraged. This seems to me not to be in the public interest and not to suit the preoccupations of any of us who are concerned with the issue.

The amendment would provide for an entitlement to jobseeker's allowance from the date of registering for enlistment in the Army right up to the moment of enlistment. It is in the interest of the Army, of the teenager, of the Government, and of the country. I beg to move.


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