Jobseeker's allowance other than joint-claim jobseeker's allowance3A

1

A claimant is entitled to a jobseeker's allowance if the claimant meets—

a

the basic conditions; and

b

the conditions set out in Article 4 (the contribution-based conditions).

2

A claimant who—

a

is not a member of a joint-claim couple, or

b

is a member of a joint-claim couple the other member of which has limited capability for work,

is entitled to a jobseeker's allowance if the claimant meets condition A or B.

3

Condition A is that the claimant meets—

a

the basic conditions; and

b

the applicable conditions set out in Article 5 (the income-based conditions).

4

Condition B is that the claimant—

a

is not otherwise entitled to a jobseeker's allowance;

b

meets the basic conditions other than the jobseeking conditions;

c

falls within a prescribed description of person; and

d

meets the applicable conditions set out in Article 5.

5

Regulations under sub-paragraph (c) of paragraph (4) must ensure that a person who—

a

is not a member of a couple, and

b

is responsible for, and a member of the same household as, a child under the age of 7,

falls within a description of person prescribed under that sub-paragraph.

6

Paragraph (5) does not apply if regulations under subsection (1)(e) of section 123 of the Benefits Act containing the provision mentioned in subsection (1A) of that section are in force.

7

For the purposes of this Order a person meets the basic conditions if the person—

a

is available for employment;

b

has entered into a jobseeker's agreement which remains in force;

c

is actively seeking employment;

d

is not engaged in remunerative work;

e

does not have limited capability for work;

f

is not receiving relevant education;

g

is under pensionable age; and

h

is in Northern Ireland.

8

Regulations may prescribe circumstances in which paragraph (2) is to apply to a claimant who is a member of a joint-claim couple the other member of which does not have limited capability for work

9

Paragraphs (1) and (2) are subject to the provisions of this Order.

Joint-claim jobseeker's allowance3B

1

A joint-claim couple are entitled to a jobseeker's allowance if—

a

a claim for the allowance is made jointly by the couple;

b

each member of the couple meets the basic conditions; and

c

the conditions set out in Article 5A are met in relation to the couple.

2

Regulations may, in respect of cases where a person would (but for the regulations) be a member of two or more joint-claim couples, make provision for only one of those couples to be a joint-claim couple.

3

The regulations may, in particular, make provision for the couple which is to be the joint-claim couple to be nominated—

a

by the persons who are members of the couple; or

b

in default of one of the couples being so nominated, by the Department.

4

Paragraph (1) is subject to the provisions of this Order.