The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007

Amendment of the Jobseeker’s Allowance Regulations N.I.

7.—(1) The Jobseeker’s Allowance Regulations are amended in accordance with paragraphs (2) to (15).

(2) In regulation 1(2) (interpretation)—

(a) omit the definition of “lower rate”;

(b) in the definition of “maternity leave” for “Articles 14 to 32 of the Industrial Relations (No. 2) (Northern Ireland) Order 1976” substitute “Part IX of the Employment Rights (Northern Ireland) Order 1996(1)”; and

(c) after the definition of “sports award”(2) insert—

““starting rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);”.

(3) In regulation 5(3) (exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide notice) for “section 1 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965” substitute “Article 118 of the Employment Rights (Northern Ireland) Order 1996”.

(4) In regulation 52 (persons treated as engaged in remunerative work)—

(a) in paragraph (3) for “A person” substitute “Subject to paragraph (3A), a person”; and

(b) after paragraph (3) insert—

“(3A) Paragraph (3) shall not apply to earnings disregarded under paragraph 1 of Schedule 5 to these regulations.”.

(5) In regulation 71 (voluntary redundancy)—

(a) in paragraph (1)(c)(3) for “section 16(1) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965” substitute “Article 183 of the Employment Rights (Northern Ireland) Order 1996”; and

(b) in paragraph (2) for “section 11(2) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965” substitute “Article 174(1) of the Employment Rights (Northern Ireland) Order 1996”.

(6) In regulation 94 (calculation of earnings derived from employed earner’s employment and income other than earnings)—

(a) in paragraph (6)(b) for “Article 49 of the Industrial Relations (Northern Ireland) Order 1976” substitute “Article 216 of the Employment Rights (Northern Ireland) Order 1996”; and

(b) in paragraph (8)(c)(ii) for “paragraph 5(4) of Schedule 3 to the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965” substitute “Article 23(1) of the Employment Rights (Northern Ireland) Order 1996”.

(7) In regulation 98 (earnings of employed earners)—

(a) in paragraph (1)—

(i) in sub-paragraph (f)(4) for “Article 31, 32(2)(a) or (5), 39 or 41(1) to (3) of the Industrial Relations (Northern Ireland) Order 1976 (order for reinstatement or re-engagement, compensation for unfair dismissal and interim relief pending determination of complaint)” substitute “Articles 146(4), 147, 151(3)(a), 163, 166 and 167 of the Employment Rights (Northern Ireland) Order 1996 (the remedies: orders and compensation, the orders, enforcement of order and compensation, interim relief)”;

(ii) in sub-paragraph (ff) for “Article 3, 9 or 23 of the Industrial Relations (No.2) (Northern Ireland) Order 1976 (right to guarantee payment, right to remuneration on suspension on medical grounds and payments to employees out of maternity pay fund)” substitute “Article 60, 66, 96, 100 or 102 of the Employment Rights (Northern Ireland) Order 1996 (right to guarantee payments, remuneration on suspension on medical or maternity grounds, complaints to industrial tribunals)”, and

(iii) in sub paragraph (g) for “Article 33, 34, 39(1) to (10), 39A, 40, 40A, 41, 51 or 53 of the Industrial Relations (Northern Ireland) Order 1976 (compensation for unfair dismissal or redundancy on grounds of involvement in trade union activities)” substitute “Article 154(1), 156(3), 163 to 167, 217 or 220 of the Employment Rights (Northern Ireland) Order 1996 (compensation for unfair dismissal, interim relief, complaint and protective award, complaint by employee to industrial tribunal)”; and

(b) in paragraph 2(f) for “section 11(1) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965” substitute “Article 170(1) of the Employment Rights (Northern Ireland) Order 1996”.

(8) In regulation 102(1)(5) (deduction of tax and contributions for self-employed earners) for “lower rate”, in each place where it occurs, substitute “starting rate”.

(9) In regulation 102D(6) (deduction in respect of tax for participants in the self-employment route) in paragraphs (1)(c) and (2) for “lower rate”, in each place where it occurs, substitute “starting rate”.

(10) In regulation 105 (notional income)—

(a) at the end of paragraph (13A)(b)(ii)(7) add—

“; or

(c) to a claimant who is participating in a work placement approved by the Department for Employment and Learning (or a person providing services to that Department) before the placement starts.”;

(b) in paragraph (15)(a)(8) for “lower rate”, in each place where it occurs, substitute “starting rate”; and

(c) in paragraph (17) after the definition of “resources” insert—

““work placement” means practical work experience which is not undertaken in expectation of payment.”.

(11) For regulation 111(9) (calculation of capital in the United Kingdom) substitute—

“Calculation of capital in the United Kingdom

111.   Capital which a claimant possesses in the United Kingdom shall be calculated at its current market or surrender value less—

(a) where there would be expenses attributable to the sale, 10 per cent.; and

(b) the amount of any encumbrance secured on it.”.

(12) In regulation 163(4)(c) (calculation of earnings) in added paragraph (4) for “lower rate” substitute “starting rate”.

(13) In Schedule 5 (sums to be disregarded in the calculation of earnings)—

(a) for paragraphs 1(10) and 2(11) substitute—

“1.— (1) In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged—

(a) any earnings other than items to which sub-paragraph (2) applies, paid or due to be paid from that employment which terminated before the first day of entitlement to a jobseeker’s allowance;

(b) any earnings, other than a payment of the nature described in regulation 98(1)(d) or (h) (in so far as it applies to regulation 98(1)(d)), paid or due to be paid from that employment which has not been terminated where the claimant is not—

(i) engaged in remunerative work, or

(ii) suspended from his employment.

(2) This sub-paragraph applies to—

(a) any payment of the nature described in regulation 98(1)(d) or (h) (in so far as it applies to regulation 98(1)(d)); and

(b) any award, sum or payment of the nature described in—

(i) regulation 98(1)(f), (g) or (h) (in so far as it relates to regulation 98(f) or (g)), or

(ii) Article 66 or 102 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments and suspension from work: complaints to industrial tribunals),

including any payment made following the settlement of a complaint to an industrial tribunal or of court proceedings.

1A.   If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if—

(a) on retirement the partner is entitled to a retirement pension under the Benefits Act, or

(b) the only reason the partner is not entitled to a retirement pension under the Benefits Act is because the contribution conditions are not satisfied.

2.— (1) In the case of a claimant to whom this paragraph applies, any earnings (other than items to which paragraph 1(2) applies) which relate to employment which ceased before the first day of entitlement to a jobseeker’s allowance whether or not that employment has terminated.

(2) This paragraph applies to a claimant who has been engaged in part-time employment as an employed earner or, had the employment been in Northern Ireland, would have been so engaged; but it does not apply to a claimant has been suspended from his employment.”; and

(b) in paragraph 3(b) for the words “33(1)(b) of the Industrial Relations (Northern Ireland) Order 1976” to the end substitute “152(1)(b) of the Employment Rights (Northern Ireland) Order 1996 for so long as the award remains unpaid and the employer is insolvent within the meaning of Article 228 of that Order.”.

(14) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 12(1)(12) at the end add “or a payment corresponding to such an education maintenance allowance made pursuant to section 3 of the Employment and Training Act (Northern Ireland) 1950”;

(b) in paragraph 20 for sub-paragraphs (a) and (b)(13) substitute—

“(a) where the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or

(b) where the aggregate of any such payments is £20 or more per week, £20.”; and

(c) in paragraph 45 at the end add “or reduction of liability for rates under Article 30A of the Rates (Northern Ireland) Order 1977 (rate relief in respect of dwellings)”.

(15) In Schedule 7 (capital to be disregarded)—

(a) in paragraph 35 after “(reduction of liability for council tax)” insert “or reduction of liability for rates under Article 30A of the Rates (Northern Ireland) Order 1977 (rate relief in respect of dwellings)”; and

(b) in paragraph 50(1)(14) at the end add “or a payment corresponding to such an education maintenance allowance made pursuant to section 3 of the Employment and Training Act (Northern Ireland) 1950”.

Commencement Information

I1 Reg. 7(1)-(13)(14)(c)(15((a) in operation at 1.10.2007, see reg. 1(1)

I2 Reg. 7(14)(a) in operation at 7.4.2008, see reg. 1(2)

I3 Reg. 7(14)(b) in operation at 7.4.2008 for specified purposes, see reg. 1(3)

I4 Reg. 7(15)(b) in operation at 7.4.2008, see reg. 1(2)

(1)

S.I. 1996/1919 (N.I. 16)

(2)

The definition of “sports award” was inserted by regulation 2(2)(e) of S.R. 1999 No. 342

(3)

Sub paragraph (c) was added by regulation 4(b) of S.R. 1996 No. 356

(4)

Sub-paragraphs (f) and (ff) were substituted by regulation 22(2) of S.R. 1996 No. 358

(5)

Regulation 102(1) was amended by regulation 4(3) of S.R. 2007 No. 306

(6)

Regulation 102D was inserted by regulation 4(4) of S.R. 1998 No. 182 and amended by regulation 14(4)(c) of S.R. 2001 No. 151 and regulation 4(3) of S.R. 2007 No. 306

(7)

Paragraph 13A was inserted by regulation 8(b) of S.R. 2000 No. 109 and amended by regulation 6(b) of S.R. 2001 No. 151

(8)

Paragraph (15)(a) was amended by regulation 4(3) of S.R. 2007 No. 306

(9)

Regulation 111 was amended by Article 9(8)(d) of S.R. 1999 No. 428 (C. 32)

(10)

Paragraph 1 was amended by regulation 18(a) and (b) of S.R. 1996 No. 356 and regulation 31(2) of S.R. 1996 No. 358

(11)

Paragraph 2 was amended by regulation 18(c) of S.R. 1996 No. 356 and regulation 31(3) of S.R. 1996 No. 358

(12)

Paragraph 12 was substituted by regulation 6(4) of S.R. 2004 No. 300

(13)

The amount in sub-paragraph (b) was substituted by Article 22(10) of S.R. 2007 No. 153

(14)

Paragraph 50 was substituted by regulation 6(5) of S.R. 2004 No. 300