Welfare Reform Act (Northern Ireland) 2010

Entitlement to jobseeker’s allowance without seeking employment etc.

4.—(1) The Jobseekers Order is amended as follows.

(2) In Article 3 (the jobseeker’s allowance)—

(a) for paragraphs (2) to (2D) substitute—

“(1A) The circumstances in which a claimant is entitled to a jobseeker’s allowance are set out in—

(a) Article 3A (jobseeker’s allowance other than joint-claim jobseeker’s allowance), and

(b) Article 3B (joint-claim jobseeker’s allowance).”, and

(b) in paragraph (4), for the definition of “a joint-claim couple” substitute—

““a joint-claim couple” means a couple other than a couple of a prescribed description;”.

(3) After Article 3 insert—

“Jobseeker’s allowance other than joint-claim jobseeker’s allowance

3A.— (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 allowance

3B.— (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.”.

(4) Schedule 1 contains—

(a) amendments of the Jobseekers Order to provide for work-focused interviews, and action plans in consequence of work-focused interviews, for persons entitled to a jobseeker’s allowance without being required to meet the jobseeking conditions,

(b) amendments of that Order to provide for the imposition on such persons of requirements to undertake work-related activity, and

(c) other amendments in consequence of, or otherwise in connection with, the amendments made by this section or the amendments mentioned in paragraphs (a) and (b).