2017 No. 185

Social Security

The Jobseeker’s Allowance (Hardship) (Amendment) Regulations (Northern Ireland) 2017

Made

Laid before Parliament

Coming into operation

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by Articles 2(2), 21C(1), (2)(a) and (e) and 36(2) of, and paragraph 10(1) and (2) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 19951.

Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(b) of the Welfare Reform (Northern Ireland) Order 20152.

Citation and Commencement1

These Regulations may be cited as the Jobseeker’s Allowance (Hardship) (Amendment) Regulations (Northern Ireland) 2017 and come into operation on 25th October 2017.

Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 19962

1

The Jobseeker’s Allowance Regulations (Northern Ireland) 19963 are amended in accordance with paragraphs (2) to (4).

2

In regulation 140(1) (meaning of “person in hardship”)—

a

in sub-paragraph (g)4 after “physical” insert “or mental”;

b

in sub-paragraph (j)(ii) for “hardship.” substitute “hardship; or”;

c

at the end of sub-paragraph (k)5 insert “; or”;

d

after sub-paragraph (k) add—

l

is a person who is homeless within the meaning of Article 3 of the Housing (Northern Ireland) Order 19886

3

In regulation 141(2)7 (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) for “Article 3(2)(d)(ii)” substitute “Article 3(2A)(b)”.

4

In regulation 146A(1)8 (meaning of “couple in hardship”)—

a

in sub-paragraph (d) after “physical” insert “or mental”;

b

at the end of sub-paragraph (g) for “, or” substitute “; or”;

c

at the end of sub-paragraph (h) insert “; or”;

d

after sub-paragraph (h) add—

i

either member of the couple is a person who is homeless within the meaning of Article 3 of the Housing (Northern Ireland) Order 1988.

Signed by authority of the Secretary of State for Work and Pensions

Damian HindsMinister of StateDepartment for Work and Pensions
EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of these Regulations amends the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198).

The amendments in paragraph (2)(a) and (d) provide that a person with a long-term mental impairment, or who is homeless within the meaning of legislation applying in Northern Ireland, is a person in hardship for the purposes of these Regulations. This means that the person may receive immediate hardship payments of jobseeker’s allowance in cases where that allowance would otherwise not be paid or the amount paid is being reduced.

The amendments in paragraph (4)(a) and (d) make identical provision in relation to a couple claiming jobseeker’s allowance where either member of the couple has a mental impairment or is homeless.

Paragraphs (2)(c) and (4)(c) make consequential amendments and paragraphs (2)(b), (3) and (4)(b) make previously missed consequential amendments.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.