The Jobseekers (Northern Ireland) Order 1995

Part I Introductory

Title and commencement

1.—(1) This Order may be cited as the Jobseekers (Northern Ireland) Order 1995.

(2) This Order comes into operation on such day or days as the Department may by order appoint.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) applies to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“adjudication officer” means an adjudication officer appointed under section 36 of the Administration Act;

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992(2);

“applicable amount” means the applicable amount determined in accordance with regulations under Article 6;

“benefit year” has the meaning given by Article 4(4);

“the Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3);

“child” means a person under the age of 16;

“claimant” means a person who claims a jobseeker’s allowance;

“contribution-based conditions” means the conditions set out in Article 4;

“contribution-based jobseeker’s allowance” has the meaning given in Article 3(4);

“the Department” means the Department of Health and Social Services;

“employed earner” has the meaning prescribed for the purposes of this Order;

“employment”, except in Article 9, has the meaning prescribed for the purposes of this Order;

“entitled”, in relation to a jobseeker’s allowance, is to be construed in accordance with—

(a)

the provisions of this Order relating to entitlement; and

(b)

sections 1 and 66 of the Administration Act;

“family” means—

(a)

a married or unmarried couple;

(b)

a married or unmarried couple and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;

(c)

except in prescribed circumstances, a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

“income-based conditions” means the conditions set out in Article 5;

“income-based jobseeker’s allowance” has the meaning given in Article 3(4);

“jobseeker’s agreement” has the meaning given by Article 11(1);

“jobseeking period” has the meaning prescribed for the purposes of this Order;

“married couple” means a man and woman who are married to each other and are members of the same household;

“National Insurance Fund” means the Northern Ireland National Insurance Fund;

“Northern Ireland” includes the territorial waters of the United Kingdom adjacent to Northern Ireland;

“occupational pension scheme” has the same meaning as it has in the Pension Schemes (Northern Ireland) Act 1993(4) by virtue of section 1 of that Act;

“pensionable age” has the meaning prescribed for the purposes of this Order;

“pension payments” means—

(a)

periodical payments made in relation to a person, under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme; and

(b)

such other payments as may be prescribed;

“personal pension scheme” means—

(a)

a personal pension scheme as defined by section 1 of the Pension Schemes (Northern Ireland) Act 1993;

(b)

a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988(5); and

(c)

a personal pension scheme approved under Chapter IV of that Part of that Act;

“prescribed” means specified in or determined in accordance with regulations;

“public service pension scheme” has the same meaning as it has in the Pension Schemes (Northern Ireland) Act 1993 by virtue of section 1 of that Act;

“regulations” means regulations made by the Departments;

“tax year” means the 12 months beginning with 6th April in any year;

“trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises, or not;

“training” has the meaning prescribed for the purposes of this Order and, in relation to prescribed provisions of this Order, if regulations so provide, includes assistance to find training or employment, or to improve a person’s prospects of being employed, of such a kind as may be prescribed;

“unmarried couple” means a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;

“week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;

“work” has the meaning prescribed for the purpose of this Order;

“year”, except in the expression “benefit year”, means a tax year.

(3) The expressions “capable of work”, “linked period”, “relevant education” and “remunerative work” are to be read with paragraphs 2, 3, 14 and 1 of Schedule 1.

(4) Subject to any regulations made for the purposes of this paragraph, “earnings” is to be construed for the purpose of this Order in accordance with section 3 of the Benefits Act and paragraph 6 of Schedule 1 to this Order.

(1)

1954 c. 33 (N.I.).

(2)

1992 c. 8.

(3)

1992 c. 7.

(4)

1993 c. 49.

(5)

1988 c. 1.