The Jobseekers (Northern Ireland) Order 1995

Amount payable by way of a jobseeker's allowance N.I.

6.—(1) In the case of a contribution-based jobseeker's allowance, the amount payable in respect of a claimant ( “his personal rate”) shall be calculated by—

(a) determining the age-related amount applicable to him; and

(b) making prescribed deductions in respect of earnings [F1 , pension payments, PPF payments and FAS payments] .

(2) The age-related amount applicable to a claimant, for the purposes of paragraph (1)(a), shall be determined in accordance with regulations.

(3) In the case of an income-based jobseeker's allowance[F2 (other than a joint-claim jobseeker's allowance)], the amount payable shall be—

(a) if a claimant has no income, the applicable amount;

(b) if a claimant has an income, the amount by which the applicable amount exceeds his income.

[F2 (3A) In the case of a joint-claim jobseeker's allowance, the amount payable in respect of a joint-claim couple shall be—

(a) if the couple have no income, the applicable amount;

(b) if the couple have an income, the amount by which the applicable amount exceeds the couple's income.]

(4) Except in prescribed circumstances, a jobseeker's allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.

(5) The applicable amount shall be such amount or the aggregate of such amounts as may be determined in accordance with regulations.

(6) Where a claimant[F2 is entitled to both a contribution-based jobseeker's allowance and an income-based jobseeker's allowance] but has no income, the amount payable[F2 by way of a jobseeker's allowance] shall be—

(a) the applicable amount, if that is greater than his personal rate; and

(b) his personal rate, if it is not.

(7) Where the amount payable to a claimant to whom paragraph (6) apples is the applicable amount, the amount payable to him by way of a jobseeker's allowance shall be taken to consist of two elements—

(a) one being an amount equal to his personal rate; and

(b) the other being an amount equal to the excess of the applicable amount over his personal rate.

(8) Where a claimant[F2 is entitled to both a contribution-based jobseeker's allowance and an income-based conditions] and has an income, the amount payable[F2 by way of a jobseeker's allowance] shall be—

(a) the amount by which the applicable amount exceeds his income, if the amount of that excess is greater than his personal rate; and

(b) his personal rate, if it is not.

(9) Where the amount payable to a claimant to whom paragraph (8) applies is the amount by which the applicable amount exceeds his income, the amount payable to him by way of a jobseeker's allowance shall be taken to consist of two elements—

(a) one being an amount equal to his personal rate; and

(b) the other being an amount equal to the amount by which the difference between the applicable amount and his income exceeds his personal rate.

(10) The element of a jobseeker's allowance mentioned in paragraph (7)(a) and that mentioned in paragraph (9)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant's entitlement to a contribution-based jobseeker's allowance.

(11) The element of a jobseeker's allowance mentioned in paragraph (7)(b) and that mentioned in paragraph (9)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant's entitlement to an income-based jobseeker's allowance.

[F2 (11A) In paragraphs (6) to (11) “claimant” does not include—

(a) a joint-claim couple, or

(b) a member of such a couple (other than a person to whom regulations under Article 3(2C) apply);

but Article 6A, which contains corresponding provisions relating to joint-claim couples, applies instead.]

(12) Regulations under paragraph (5) may provide that, in prescribed cases, an applicable amount is to be nil.

F1 Words in art. 6(1)(b) substituted (14.2.2006) by Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006/37), arts. 1(1), 2, Sch. para. 2(3)

F2 1999 NI 11