ESA & JSA Waiting Days

the regulations are in draft at the moment -

http://ssac.independent.gov.uk/pdf/social-security-waiting-days-revised-regs-2014.pdf

As you say they are ‘proposed changes’ - whether they will listen and respond to the consultation is another matter…

Daphne
Many thanks. Do you know by what process they (may) become binding? I’m not clear if regulations require the same parliamentary approval as legislation.
Regards
Campbell McCrea

It varies.  Some SI’s are subject to Parliamentary scrutiny.  Some are not.  The primary legislation (the parent Act) will usually determine this.  Those that are not can take effect as soon as they are signed.  Parliamentary scrutiny usually takes one of either two forms.  The first, negative resolution, gives either House the power to annul the SI.  The House can also refer the SI to a delegated committee (called a Delegated Legislation Committee).  The second, affirmative resolution requires the approval of both houses before becoming law.  These are automatically referred to committee.

Thanks to both of you. We are going to go ahead with a press release, possibly contact MPs, respond to the Social Security Advisory Committee through NAWRA and any other ideas are welcome. This proposal unfairly attacks people who lose their jobs through no fault of their own or become too ill to work. It is also likely to have a disproportionate effect in areas where there are seasonal or temporary patterns of employment and I dread to think how it might link up with increasing zero hours contract employment. ESA and JSA are already usually paid 2 weeks in arrears and our experience of trying to obtain interim payments leads us to conclude that advances of benmefit will not be of much help. A previous government tried to introduce this change and had to withdraw it due to opposition. I feel we have no choice but to actively oppose it. I hope we aren’t alone…

NAWRA response being submitted today and will go on website - thanks for your feedback Campbell

I’ve checked the relevant primary legislation, s37 of the Jobseekers Act 1995 and s26 of the Welfare Reform Act 2007, and the proposed regulations are subject to an affirmative resolution of both Houses.

I ranted on this here http://www.rightsnet.org.uk/forums/viewthread/6512/

Excellent rant. Just think we have to go (very) public.

Nawra’s reponse is now available @

http://www.nawra.org.uk/index.php/consultation-on-benefit-waiting-days/

Great work Daphne!

our response.