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7. In regulation 16 (circumstances in which requirements must not be imposed) of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016(1)—
(a)in paragraph (1) for “(4) or (5)” in both places where it occurs substitute “(4), (5) or (5B)”;
(b)in paragraph (2) for “(4) or (5)” substitute “(4), (5) or (5B)”; and
(c)after paragraph (5) insert—
“(5A) Paragraph (5) does not apply to a claimant—
(a)if it has previously been determined on the basis of an assessment under Part 5 of the Universal Credit Regulations (Northern Ireland) 2016 or Part 4 or 5 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 that the claimant does not have limited capability for work; and
(b)the condition specified in the evidence provided by the claimant in accordance with paragraph (5)(b) is in the opinion of the Department the same, or substantially the same, as the condition specified in the evidence provided by the claimant before the date of the determination that the claimant does not have limited capability for work.
(5B) This paragraph applies where the Department is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement or a work availability requirement, including if such a requirement were limited in accordance with Article 8D(4) of the Order(2), because paragraph (5) would apply to the claimant but for paragraph (5A).”.
Article 8D was inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015.
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