The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Person approaching retirement and the jobseeking period

49.—(1) Paragraphs (2) to (4) apply only to days which fall—

(a) after 6th October 1996, and

(b) within a tax year in which the claimant has attained the age of 60 but is under pensionable age,

and in respect of which a jobseeker’s allowance is not payable because the decision of the determining authority is that the claimant—

(i) has exhausted his entitlement to a contribution-based jobseeker’s allowance;

(ii) fails to satisfy one or both of the contribution conditions specified in Article 4(1)(a) and (b) of the Order, or

(iii) is entitled to a contribution-based jobseeker’s allowance but the amount payable is reduced to nil by virtue of deductions made in accordance with regulation 81 for pension payments.

(2) For the purposes of regulation 47(1) (jobseeking period) but subject to paragraphs (3) and (4), any days to which paragraph (1) applies shall be days on which the person is treated as satisfying the conditions specified in Article 3(2)(a) to (c) and (e) to (i) of the Order (conditions of entitlement to a jobseeker’s allowance).

(3) Where a person—

(a) is treated as satisfying the conditions of entitlement mentioned in paragraph (2), and

(b) is employed as an employed earner or a self-employed earner for a period of more than 12 weeks,

then no day which falls within or follows that period shall be days on which the person is treated as satisfying those conditions so however that this paragraph shall not prevent paragraph (2) from again applying to a person who makes a claim for a jobseeker’s allowance after that period.

(4) Any day which is, for the purposes of section 30C of the Benefits Act(1), a day of incapacity for work falling within a period of incapacity for work shall not be a day on which the person is treated as satisfying the conditions referred to in paragraph (2).

(1)

Section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994