The Jobseekers (Northern Ireland) Order 1995

Attendance, information and evidence N.I.

10.—(1) Regulations may make provision for requiring a claimant [F1 (other than a joint-claim couple claiming a joint-claim jobseeker's allowance)]

(a) To attend at such place and at such time as[F1 an employment officer] may specify; and

(b) to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment.

[F1 (1A) Regulations may make provision—

(a) for requiring each member of a joint-claim couple claiming a joint-claim jobseeker's allowance to attend at such place and such time as the Department, or any other Department, may specify;

(b) for requiring a member of such a couple to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment;

(c) for requiring such a couple to jointly provide information and such evidence as may be prescribed as to the circumstances of each or either member of the couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment;

(d) where any requirement to provide information or evidence is imposed on such a couple by virtue of sub-paragraph (c), for the joint obligation of the couple to be capable of being discharged by the provision of the information or evidence by one member of the couple.]

(2) Regulations under paragraph (1)[F1 or (1A)] may, in particular—

[F2 (a) prescribe circumstances in which a jobseeker's allowance is not to be payable for a prescribed period (of at least one week but not more than two weeks) in the case of—

(i) a claimant (other than a joint-claim couple claiming a joint-claim jobseeker's allowance) who fails to comply with any regulations made under that paragraph, o

(ii) a joint-claim couple claiming a joint-claim jobseeker's allowance a member of which fails to comply with any such regulations;

(b) provide for the consequence set out in sub-paragraph (a) not to follow if, within a prescribed period of a person's (“P”) failure to comply with any such regulations (“the relevant period”), P or, if P is a member of a joint-claim couple, either member of the couple—

(i) makes prescribed contact with an officer of the Department or of the Department for Employment and Learning, and

(ii) shows that P had good cause for the failure;

(c) provide for entitlement to a jobseeker's allowance to cease at such time as may be determined in accordance with any such regulations if P or, as the case may be, a member of the couple does not make prescribed contact with an officer of the Department or of the Department for Employment and Learning in the relevant period;

(ca) prescribe circumstances in which a jobseeker's allowance is to be payable in respect of a claimant even though provision made by any such regulations by virtue of sub-paragraph (a) prevents payment of a jobseeker's allowance in respect of the claimant; and]

(d) prescribe—

(i) matters which are, or are not, to be taken into account in determining whether a person has, or does not have, good cause for failing to comply with any such regulations; and

(ii) circumstances in which a person is, or is not, to be regarded as having, or not having, good cause for failing to comply with any such regulations.

[F3 (2A) The provision that may be made by any such regulations by virtue of paragraph (2)(ca) includes, in particular, provision for a jobseeker's allowance payable by virtue of that sub-paragraph to be—

(a) payable only if prescribed requirements as to the provision of information are complied with;

(b) payable at a prescribed rate;

(c) payable for a prescribed period (which may differ from the period mentioned in paragraph (2)(a)).]

[F1 (3) In paragraph (1) “employment officer” means an officer of the Department, an officer of any other Department, or such other person as may be designated for the purposes of that paragraph by an order made by the Department.]

F1 1999 NI 11

F2 Art. 10(2)(a)-(ca) and word substituted (13.8.2010) for Article 10(2)(a)-(c) and word by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 27(2), 36(1)(j)

F3 Art. 10(2A) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 27(3), 36(1)(j)

Modifications etc. (not altering text)

C1 Art. 10(2) modified (temp. from 22.9.2010) by Welfare Reform (2010 Act) (Commencement No. 1 and Transitory Provision) Order (Northern Ireland) 2010 (S.R. 2010/327), art. 3(a)

C2 Art. 10(3) modified (temp. from 22.9.2010) by Welfare Reform (2010 Act) (Commencement No. 1 and Transitory Provision) Order (Northern Ireland) 2010 (S.R. 2010/327), art. 3(b)