The Jobseekers (Northern Ireland) Order 1995

Statutory Instruments

1995 No. 2705 (N.I. 15)

The Jobseekers (Northern Ireland) Order 1995 F1

F2 18th October 1995

F1 functions transf. by SR 1999/481

F2 mod. by SR 1999/350

Modifications etc. (not altering text)

C1 Order modified (1.6.2007) by Social Security (Netherlands) Order (Northern Ireland) 2007 (S.R. 2007/295), art. 2, Sch.

C2 Order modified (1.10.2007) by Social Security (Ireland) Order (Northern Ireland) 2007 (S.R. 2007/438), art. 2, Schs. 1, 2

C3 Order modified (5.10.2009) by Steps to Work (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/297), art. 2(1)(b)

C4 Order certain provisions applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2

Part I N.I. Introductory

Title and commencement N.I.

1.—(1) This Order may be cited as the Jobseekers (Northern Ireland) Order 1995.

(2) This Order comes into operation on such day or days as the Department may by order appointF3 .

F3 fully exercised by SR 1996/26,180,285,401

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F4 applies to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• [F5 “adjudication officer” means an adjudication officer appointed under section 36 of the Administration Act;]

• “the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992F6 ;

• “applicable amount” means the applicable amount determined in accordance with regulations under Article 6;

• “benefit year” has the meaning given by Article 4(4);

• “the Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992F7 ;

• “child” means a person under the age of 16;

• “claimant” means a person who claims a jobseeker's allowance[F8 except that in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance it means the couple, or each member of the couple, as the context requires;];

• “contribution-based conditions” means the conditions set out in Article 4;

• “contribution-based jobseeker's allowance” has the meaning given in Article 3(4);

• [F9 “couple” means—

  (a)

  a man and woman who are married to each other and are members of the same household;

  (b)

  a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;

  (c)

  two people of the same sex who are civil partners of each other and are members of the same household; or

  (d)

  two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;]

• “the Department” means the Department of Health and Social Services;

• “employed earner” has the meaning prescribed for the purposes of this Order;

• “employment”, except in Article 9, has the meaning prescribed for the purposes of this Order;

• “entitled”, in relation to a jobseeker's allowance, is to be construed in accordance with—

  (a)

  the provisions of this Order relating to entitlement; and

  (b)

  [F10 section 1 of the Administration Act and Article 27 of the Social Security (Northern Ireland) Order 1998] ;

• “family” means—

  (a)

  a[F11 couple];

  (b)

  a[F11 couple] and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;

  (c)

  except in prescribed circumstances, a person who is not a member of a[F11 couple] and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

• [F12 “FAS payments” means payments made under the Financial Assistance Scheme Regulations 2005;]

• “income-based conditions” means the conditions set out in Article 5;

• “income-based jobseeker's allowance” has the meaning given in Article 3(4);

• [F13 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);]

• “jobseeker's agreement” has the meaning given by Article 11(1);

• “jobseeking period” has the meaning prescribed for the purposes of this Order;

• [F8 “joint-claim couple” and “joint-claim jobseeker's allowance” have the meanings given by Article 3(4);]

• Definition rep. by 2004 c. 33

• “National Insurance Fund” means the Northern Ireland National Insurance Fund;

• [F8 “the nominated member”, in relation to a joint-claim couple, shall be construed in accordance with Article 5B(4);]

• “Northern Ireland” includes the territorial waters of the United Kingdom adjacent to Northern Ireland;

• “occupational pension scheme” has the same meaning as it has in the Pension Schemes (Northern Ireland) Act 1993F14 by virtue of section 1 of that Act;

• “pensionable age” has the meaning prescribed for the purposes of this Order;

• “pension payments” means—

  (a)

  periodical payments made in relation to a person, under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme; and

  (b)

  such other payments as may be prescribed;

• “personal pension scheme” means—

  (a)

  a personal pension scheme as defined by section 1 of the Pension Schemes (Northern Ireland) Act 1993;

  (b)

  [F15 an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004; and

  (c)

  a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;]

• [F16 “PPF payments” means any payments made in relation to a person—

  (a)

  payable under the pension compensation provisions as specified in Article 146(2) of the Pensions (Northern Ireland) Order 2005 or section 162(2) of the Pensions Act 2004 (the pension compensation provisions); or

  (b)

  payable under Article 150 of the Pensions (Northern Ireland) Order 2005 or section 166 of the Pensions Act 2004 (duty to pay scheme benefits unpaid at assessment date etc.);]

• “prescribed”[F17 , except in Article 29 (and in Article 36 so far as relating to regulations under Article 29)] means specified in or determined in accordance with regulations;

• “public service pension scheme” has the same meaning as it has in the Pension Schemes (Northern Ireland) Act 1993 by virtue of section 1 of that Act;

• “regulations”[F17 , except in Article 29 (and in Article 36 so far as relating to regulations under Article 29)] means regulations made by the Departments;

• “tax year” means the 12 months beginning with 6th April in any year;

• “trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises, or not;

• “training” has the meaning prescribed for the purposes of this Order and, in relation to prescribed provisions of this Order, if regulations so provide, includes assistance to find training or employment, or to improve a person's prospects of being employed, of such a kind as may be prescribed;

• Definition rep. by 2004 c. 33

• “week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;

• “work” has the meaning prescribed for the purpose of this Order;

• [F18 “work availability requirement” has the meaning given by Article 8E;]

• [F18 “work preparation requirement” has the meaning given by Article 8C;]

• [F18 “work search requirement” has the meaning given by Article 8D;]

• [F18 “work-focused interview requirement” has the meaning given by Article 8B;]

• [F18 “work-related requirement” has the meaning given by Article 8;]

• “year”, except in the expression “benefit year”, means a tax year.

[F9 (2A) For the purposes of this Order, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.]

(3) The expressions “ [F19 limited capability for work]”, “linked period”, “relevant education” and “remunerative work” are to be read with paragraphs 2, 3, 14 and 1 of Schedule 1.

(4) Subject to any regulations made for the purposes of this paragraph, “earnings” is to be construed for the purpose of this Order in accordance with section 3 of the Benefits Act and paragraph 6 of Schedule 1 to this Order.

F4 1954 c. 33 (NI)

F5 Art. 2(2): definition of "adjudication officer" repealed (18.10.1999 for certain purposes, otherwise prosp.) by Social Security (Northern Ireland ) Order 1998 (S.I. 1998/1506 (N.I. 10)), arts. 1(2)(4), 78, Sch. 6 para. 101(a), Sch. 7

F6 1992 c. 8

F7 1992 c. 7

F8 1999 NI 11

F9 2004 c.33

F10 Art. 2(2) definition of "entitled": words beginning "section 1" and ending "1998" substituted for words beginning "sections 1" and ending "Act;" (18.10.1999 for certain purposes, otherwise prosp.) by Social Security (Northern Ireland ) Order 1998 (S.I. 1998/1506 (N.I. 10)), arts. 1(2)(4), 78, Sch. 6 para. 101(b)

F11 2004 c.33

F12 Art. 2(2): definition of "FAS payments" inserted (14.2.2006) by Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006/37), arts. 1(1), 2, Sch. para. 2(2)(a)

F13 Art. 2(2): definition of "income-related employment and support allowance" inserted (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 6(2)(a) (with s. 29, Sch. 4); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

F14 1993 c. 49

F15 Art. 2(2): in definition of "personal pension scheme" paras. (b)(c) substituted (6.4.2006) by Taxation of Pension Schemes (Consequential Amendments) Order 2006 (S.I. 2006/745), art. 13

F16 Art. 2(2): definition of "PPF payments" inserted (14.2.2006) by Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006/37), arts. 1(1), 2, Sch. para. 2(2)(b)

F17 SI 1999/671

F18 Words in art. 2(2) inserted (2.5.2016 for specified purposes, 27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 55(2); S.R. 2016/215, art. 2(3)(a)(iii); S.R. 2017/190, art. 9 (with arts. 10-25)

F19 Words in art. 2(3) substituted (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 6(2)(b) (with s. 29, Sch. 4 and S.R. 2008/283, reg. 5); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

Part II N.I. The Jobseeker's Allowance

Entitlement N.I.

The jobseeker's allowance N.I.

3.—(1) An allowance, to be known as a jobseeker's allowance, shall be payable in accordance with the provision of this Order.

(2) Subject to the provisions of this Order, a claimant is entitled to a jobseeker's allowance if he—

(a) is available for employment;

(b) has [F20 accepted a claimant commitment] ;

(c) is actively seeking employment;

[F21 (d) satisfies the conditions set out in Article 4;]

(e) is not engaged in remunerative work;

[F22 (f) does not have limited capability for work;]

(g) is not receiving relevant education;

(h) is under pensionable age; and

(i) is in Northern Ireland

[F21 (2A) Subject to the provisions of this Order, a claimant who is not a member of a joint-claim couple is entitled to a jobseeker's allowance if he satisfies—

(a) the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

(b) the conditions set out in Article 5.

(2B) Subject to the provisions of this Order, 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 satisfies the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

(c) the conditions set out in Article 5A are satisfied in relation to the couple.

(2C) Regulations may prescribe circumstances in which paragraph (2A) is to apply to a claimant who is a member of a joint-claim couple.

(2D) 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; and the provision which may be so made includes provision for the couple which is to be the joint-claim couple to be nominated—

(a) by the persons who are the members of the couples, or

(b) in default of one of the couples being so nominated, by the Department.]

(3) A jobseeker's allowance is payable in respect of a week.

(4) In this Order—

• “a contribution-based jobseeker's allowance” means a jobseeker's allowance entitlement to which is based on the claimant's satisfying conditions which include those set out in Article 4;F21 . . .

• “an income-based jobseeker's allowance” means a jobseeker's allowance entitlement to which is based on the claimant's satisfying conditions which include those set out in Article 5.[F21 or a joint-claim jobseeker's allowance;]

• [F21 “a joint-claim couple” means a[F23 couple] who—

  (a)

  are not members of any family whose members include a person in respect of whom a member of the couple is entitled to child benefit, and

  (b)

  are of a prescribed description;

• “a joint-claim jobseeker's allowance” means a jobseeker's allowance entitlement to which arises by virtue of paragraph (2B).]

F20 Words in art. 3(2)(b) substituted (2.5.2016 for specified purposes, 27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 50(3); S.R. 2016/215, art. 2(3)(a)(i); S.R. 2017/190, art. 9 (with arts. 10-25)

F21 1999 NI 11

F22 Art. 3(2)(f) substituted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 6(3) (with s. 29, Sch. 4 and S.R. 2008/283, reg. 5); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2

F23 2004 c.33

The contribution-based conditions N.I.

4.—(1) The conditions referred to in [F24 Article 3(2)(d)] are that the claimant—

(a) has actually paid Class 1 contributions in respect of one ( “the base year”) of the last two complete years before the beginning of the relevant benefit year and satisfies the additional conditions set out in paragraph (2);

(b) has, in respect of the last two complete years before the beginning of the relevant benefit year, either paid Class 1 contributions or been credited with earnings and satisfies the additional condition set out in paragraph (3);

(c) does not have earnings in excess of the prescribed amount; and

(d) is not entitled to income support.

(2) The additional conditions mentioned in paragraph (1)(a) are that—

(a) the contributions have been paid before the week for which the jobseeker's allowance is claimed;

[F25 (b) the claimant's relevant earnings for the base year upon which primary Class 1 contributions have been paid or treated as paid are not less than the base year's lower earnings limit multiplied by 26.]

[F26 (2A) Regulations may make provision for the purposes of paragraph (2)(b) for determining the claimant's relevant earnings for the base year.

(2B) Regulations under paragraph (2A) may, in particular, make provision—

(a) for making that determination by reference to the amount of a person's earnings for periods comprised in the base year;

(b) for determining the amount of a person's earnings for any such period by—

(i) first determining the amount of the earnings for the period in accordance with regulations made for the purposes of section 3(2) of the Benefits Act, and

(ii) then disregarding so much of the amount found in accordance with head (i) as exceeded the base year's lower earnings limit (or the prescribed equivalent).]

(3) The additional condition mentioned in paragraph (1)(b) is that the earnings factor derived[F27 from so much of the claimant's earnings as did not exceed the upper earnings limit and] upon which primary Class 1 contributions have been paid or treated as paid or[F27 from so much of the claimant's earnings as did not exceed the upper earnings limit and] credited is not less, in each of the two complete years, than the lower earnings limit for the year multiplied by 50.

[F28 (3A) Where primary Class 1 contributions have been paid or treated as paid on any part of a person's earnings, [F29 paragraph (3)] shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.]

[F30 (3B) Regulations may—

(a) provide for the first set of conditions to be taken to be satisfied in the case of persons—

(i) who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time, or

(ii) who satisfy other prescribed conditions;

(b) with a view to securing any relaxation of the requirements of the first set of conditions in relation to persons who have been entitled as mentioned in sub-paragraph (a)(i), provide for that set of conditions to apply in relation to them subject to prescribed modifications.

(3C) In paragraph (3B)—

“the first set of conditions” means the condition set out in paragraph (1)(a) and the additional conditions set out in paragraph (2);

“benefit” means—

(a)

any benefit within the meaning of section 121(1) of the Benefits Act,

(b)

any benefit under Parts 7 to 12 of the Benefits Act,

(c)

credits under regulations under section 22(5) of the Benefits Act,

(d)

a contribution-based jobseeker's allowance, and

(e)

working tax credit.]

(4) For the purposes of this Article—

(a) “benefit year” means a period which is a benefit year for the purposes of Part II of the Benefits Act or such other period as may be prescribed for the purposes of this Article;

(b) “the relevant benefit year” is the benefit year which includes—

(i) the beginning of the jobseeking period which includes the week for which a jobseeker's allowance is claimed, or

(ii) (if earlier) the beginning of any linked period; and

(c) other expressions which are used in this Article and the Benefits Act have the same meaning in this Article as they have in the Act.

F24 1999 NI 11

F25 Art. 4(2)(b) substituted (1.11.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 11(2), 36(2); S.R. 2010/341, art. 2(2)(a)

F26 Art. 4(2A)(2B) inserted (1.10.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 11(3), 36(2); S.R. 2010/341, art. 2(1)(a)

F27 2002 c. 19

F28 1998 NI 10

F29 Words in art. 4(3A) substituted (1.11.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 11(4), 36(2); S.R. 2010/341, art. 2(2)(a)

F30 Art. 4(3B)(3C) inserted (16.12.2011 only in so far as it inserts Article 4(3B)(a) and (3C) otherwise prosp.) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 11(5), 36(2); S.R. 2011/430, art. 2(a)

The income-based conditions N.I.

5.—(1) The conditions referred to in [F31 Article 3(2A)(b)] are that the claimant—

(a) has an income which does not exceed the applicable amount (determined in accordance with regulations under Article 6) or has no income;

(b) is not entitled to income support[F32 , state pension credit or an income-related employment and support allowance];

(c) is not a member of a family one of whose members is entitled to income support;

(d) is not a member of a family one of whose members is entitled to an income-based jobseeker's allowance;

[F33 (dd) is not a member of a[F34 couple] the other member of which is entitled to state pension credit;]

[F35 (de) is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;]

(e) is not a member of a[F34 couple] the other member of which is engaged in remunerative work; and

(f) is a person—

(i) who has reached the age of 18; or

(ii) in respect of whom a direction under Article 18 is in force; or

(iii) who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16 but not the age of 18.

(2) Regulations may provide for one or both of the following conditions to be included in the income-based conditions, in the case of a person to whom paragraph (1)(f)(ii) or (iii) applies—

(a) a condition that the claimant must register for employment;

(b) a condition that the claimant must register for training.

(3) In paragraph (1)(f)(iii) “period” includes—

(a) a period fo a determinate length;

(b) a period defined by reference to the happening of a future event; and

(c) a period of a determinate length but subject to earlier determination upon the happening of a future event.

(4) Regulations under paragraph (2) may, in particular, make provision by reference to persons designated by the Department for the purpose of the regulations.

F31 1999 NI 11

F32 Words in art. 5(1)(b) substituted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 6(4)(a) (with s. 29, Sch. 4); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2

F33 2002 c. 14 (NI)

F34 2004 c.33

F35 Art. 5(1)(de) inserted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 6(4)(b) (with s. 29, Sch. 4); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2

[F36 The conditions for claims by joint-claim couples N.I.

5A.— (1) The conditions referred to in Article 3(2B)(c) are—

(a) that the income of the joint-claim couple does not exceed the applicable amount (determined in accordance with regulations under Article 6) or the couple have no income;

(b) that no member of a family of which the couple are members is entitled to income support;

(c) that no member of any such family (other than the couple) is entitled to an income-based jobseeker's allowance;

[F37 (cc) that neither member of the couple is entitled to state pension credit;]

[F38 (cd) that neither member of the couple is entitled to an income-related employment and support allowance;]

(d) that at least one member of the couple has reached the age of 18; and

(e) that if only one member of the couple has reached the age of 18, the other member of the couple is a person—

(i) in respect of whom a direction under Article 18 is in force; or

(ii) who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16.

(2) Paragraphs (2) and (4) of Article 5 shall apply in relation to a member of the couple to whom paragraph (1)(e)(i) or (ii) applies as they apply in relation to a claimant to whom paragraph (1)(f)(ii) or (iii) of that Article applies.

(3) In paragraph (1)(e)(ii) “period” shall be construed in accordance with Article 5(3).]

F36 1999 NI 11

F37 2002 c. 14 (NI)

F38 Art. 5A(1)(cd) inserted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 6(5) (with s. 29, Sch. 4); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2

Joint-claim couples: the nominated member N.I.

5B.—(1) Where a joint-claim couple make a claim for a joint-claim jobseeker's allowance, they may nominate one of them as the member of the couple to whom the allowance is to be payable.

(2) In default of one of them being so nominated, the allowance shall be payable to whichever of them is nominated by the Department.

(3) Paragraphs (1) and (2) have effect subject to Article 6A(4) and (7).

(4) In this Order references to the nominated member of a joint-claim couple are, except where Article 22A(7) applies, to the member of the couple nominated under paragraph (1) or (2); and where Article 22A(7) applies, references to the nominated member of such a couple are to the member of the couple to whom Article 22A(7) provides for the allowance to be payable.

(5) Nothing in this Article or Article 22A(7) affects the operation of any statutory provision by virtue of which any amount of the allowance is required or authorised to be paid to someone other than the nominated member of the couple.

Amount payable by way of a jobseeker's allowance N.I.

6.—(1) In the case of a contribution-based jobseeker's allowance, the amount payable in respect of a claimant ( “his personal rate”) shall be calculated by—

(a) determining the age-related amount applicable to him; and

(b) making prescribed deductions in respect of earnings [F39 , pension payments, PPF payments and FAS payments] .

(2) The age-related amount applicable to a claimant, for the purposes of paragraph (1)(a), shall be determined in accordance with regulations.

(3) In the case of an income-based jobseeker's allowance[F40 (other than a joint-claim jobseeker's allowance)], the amount payable shall be—

(a) if a claimant has no income, the applicable amount;

(b) if a claimant has an income, the amount by which the applicable amount exceeds his income.

[F40 (3A) In the case of a joint-claim jobseeker's allowance, the amount payable in respect of a joint-claim couple shall be—

(a) if the couple have no income, the applicable amount;

(b) if the couple have an income, the amount by which the applicable amount exceeds the couple's income.]

(4) Except in prescribed circumstances, a jobseeker's allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.

(5) The applicable amount shall be such amount or the aggregate of such amounts as may be determined in accordance with regulations.

(6) Where a claimant[F40 is entitled to both a contribution-based jobseeker's allowance and an income-based jobseeker's allowance] but has no income, the amount payable[F40 by way of a jobseeker's allowance] shall be—

(a) the applicable amount, if that is greater than his personal rate; and

(b) his personal rate, if it is not.

(7) Where the amount payable to a claimant to whom paragraph (6) apples is the applicable amount, the amount payable to him by way of a jobseeker's allowance shall be taken to consist of two elements—

(a) one being an amount equal to his personal rate; and

(b) the other being an amount equal to the excess of the applicable amount over his personal rate.

(8) Where a claimant[F40 is entitled to both a contribution-based jobseeker's allowance and an income-based conditions] and has an income, the amount payable[F40 by way of a jobseeker's allowance] shall be—

(a) the amount by which the applicable amount exceeds his income, if the amount of that excess is greater than his personal rate; and

(b) his personal rate, if it is not.

(9) Where the amount payable to a claimant to whom paragraph (8) applies is the amount by which the applicable amount exceeds his income, the amount payable to him by way of a jobseeker's allowance shall be taken to consist of two elements—

(a) one being an amount equal to his personal rate; and

(b) the other being an amount equal to the amount by which the difference between the applicable amount and his income exceeds his personal rate.

(10) The element of a jobseeker's allowance mentioned in paragraph (7)(a) and that mentioned in paragraph (9)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant's entitlement to a contribution-based jobseeker's allowance.

(11) The element of a jobseeker's allowance mentioned in paragraph (7)(b) and that mentioned in paragraph (9)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant's entitlement to an income-based jobseeker's allowance.

[F40 (11A) In paragraphs (6) to (11) “claimant” does not include—

(a) a joint-claim couple, or

(b) a member of such a couple (other than a person to whom regulations under Article 3(2C) apply);

but Article 6A, which contains corresponding provisions relating to joint-claim couples, applies instead.]

(12) Regulations under paragraph (5) may provide that, in prescribed cases, an applicable amount is to be nil.

F39 Words in art. 6(1)(b) substituted (14.2.2006) by Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006/37), arts. 1(1), 2, Sch. para. 2(3)

F40 1999 NI 11

[F41 Amount payable in respect of joint-claim couple N.I.

6A.— (1) This Article applies where—

(a) a joint-claim couple are entitled to a joint-claim jobseeker's allowance, and

(b) one or each of the members of the couple is in addition entitled to a contribution-based jobseeker's allowance;

and in such a case the provisions of this Article have effect in relation to the couple in place of Article 6(3A).

(2) If a joint-claim couple falling within paragraph (1) have no income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be—

(a) the applicable amount, if that is greater than the couple's personal rate; and

(b) the couple's personal rate, if it is not.

(3) Where the amount payable in accordance with paragraph (2) is the applicable amount, the amount payable in respect of the couple by way of a jobseeker's allowance shall be taken to consist of two elements—

(a) one being an amount equal to the couple's personal rate; and

(b) the other being an amount equal to the excess of the applicable amount over the couple's personal rate.

(4) Where the amount payable in accordance with paragraph (2) is the couple's personal rate, then—

(a) if each member of the couple is entitled to a contribution-based jobseeker's allowance, an amount equal to the member's own personal rate shall be payable in respect of the member by way of such an allowance;

(b) if only one of them is so entitled, an amount equal to that member's personal rate shall be payable in respect of the member by way of such an allowance;

and in either case nothing shall be payable in respect of the couple by way of a joint-claim jobseeker's allowance.

(5) If a joint-claim couple falling within paragraph (1) have an income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be—

(a) the amount by which the applicable amount exceeds the couple's income, if the amount of that excess is greater than the couple's personal rate; and

(b) the couple's personal rate, if it is not.

(6) Where the amount payable in accordance with paragraph (5) is the amount by which the applicable amount exceeds the couple's income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be taken to consist of two elements—

(a) one being an amount equal to the couple's personal rate; and

(b) the other being an amount equal to the amount by which the difference between the applicable amount and the couple's income exceeds the couple's personal rate.

(7) Where the amount payable in accordance with paragraph (5) is the couple's personal rate, paragraph (4) shall apply as it applies in a case where the amount payable in accordance with paragraph (2) is that rate.

(8) The element of a jobseeker's allowance mentioned in paragraph (3)(a) and that mentioned in paragraph (6)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable—

(a) in a case where only one member of the joint-claim couple is entitled to a contribution-based jobseeker's allowance, to that member's entitlement to such an allowance; and

(b) in a case where each member of the couple is entitled to a contribution-based jobseeker's allowance, rateably according to their individual entitlements to such an allowance.

(9) The element of a jobseeker's allowance mentioned in paragraph (3)(b) and that mentioned in paragraph (6)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the couple's entitlement to a joint-claim jobseeker's allowance.

(10) In this Article “the couple's personal rate”, in relation to a joint-claim couple, means—

(a) where only one member of the couple is entitled to a contribution-based jobseeker's allowance, that member's personal rate;

(b) where each member of the couple is entitled to such an allowance, the aggregate of their personal rates.]

F41 1999 NI 11

Duration of a contribution-based jobseeker's allowance N.I.

7.—(1) The period for which a person is entitled to a contribution-based jobseeker's allowance shall not exceed, in the aggregate, 182 days in any period for which his entitlement is established by reference (under Article 4(1)(b)) to the same two years.

(2) The fact that a person's entitlement to a contribution-based jobseeker's allowance ( “his previous entitlement”) has ceased as a result of paragraph (1) does not prevent his being entitled to a further contribution-based jobseeker's allowance if—

(a) he satisfies the contribution-based conditions; and

(b) the two years by reference to which he satisfies those conditions include at least one year which is later than the second of the two years by reference to which his previous entitlement was established.

(3) Regulations may provide that a person who would be entitled to a contribution-based jobseeker's allowance but for the operation of prescribed provisions of, or made under, this Order shall be treated as if entitled to the allowance for the purposes of this Article.

[F42 Work-related requirements] N.I.

F42 Arts. 8-8M and cross-heading substituted (2.5.2016 for specified purposes) for arts. 8-12 and cross-heading by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 55(4); S.R. 2016/215, art. 2(3)(a)(iii)

[F42 Work-related requirements N.I.

8.— (1) The following provisions provide for the Department to impose work-related requirements with which claimants must comply for the purposes of this Order.

(2) In this Order “work-related requirement” means—

(a) a work-focused interview requirement (see Article 8B);

(b) a work preparation requirement (see Article 8C);

(c) a work search requirement (see Article 8D);

(d) a work availability requirement (see Article 8E).]

[F42 Claimant commitment N.I.

8A.— (1) A claimant commitment is a record of a claimant's responsibilities in relation to an award of a jobseeker's allowance.

(2) A claimant commitment is to be prepared by the Department and may be reviewed and updated as the Department thinks fit.

(3) A claimant commitment is to be in such form as the Department thinks fit.

(4) A claimant commitment is to include—

(a) a record of the requirements that the claimant must comply with under this Order (or such of them as the Department considers it appropriate to include),

(b) any prescribed information, and

(c) any other information the Department considers it appropriate to include.

(5) For the purposes of this Order a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.

Work-focused interview requirement N.I.

8B.— (1) In this Order a “work-focused interview requirement” is a requirement that a claimant participate in one or more work-focused interviews as specified by the Department.

(2) A work-focused interview is an interview for prescribed purposes relating to work or work preparation.

(3) The purposes which may be prescribed under paragraph (2) include in particular that of making it more likely in the opinion of the Department that the claimant will obtain paid work (or more paid work or better-paid work).

(4) The Department may specify how, when and where a work-focused interview is to take place.

Work preparation requirement N.I.

8C.— (1) In this Order a “work preparation requirement” is a requirement that a claimant take particular action specified by the Department for the purpose of making it more likely in the opinion of the Department that the claimant will obtain paid work (or more paid work or better-paid work).

(2) The Department may under paragraph (1) specify the time to be devoted to any particular action.

(3) Action which may be specified under paragraph (1) includes in particular—

(a) attending a skills assessment;

(b) improving personal presentation;

(c) participating in training;

(d) participating in an employment programme;

(e) undertaking work experience or a work placement;

(f) developing a business plan;

(g) any action prescribed for the purpose in paragraph (1).

Work search requirement N.I.

8D.— (1) In this Order a “work search requirement” is a requirement that a claimant take—

(a) all reasonable action, and

(b) any particular action specified by the Department,

for the purpose of obtaining paid work (or more paid work or better-paid work).

(2) The Department may under paragraph (1)(b) specify the time to be devoted to any particular action.

(3) Action which may be specified under paragraph (1)(b) includes in particular—

(a) carrying out work searches;

(b) making applications;

(c) creating and maintaining an online profile;

(d) registering with an employment agency;

(e) seeking references;

(f) any other action prescribed for the purpose in paragraph (1).

(4) Regulations may impose limitations on a work search requirement by reference to the work to which it relates; and the Department may in any particular case specify further such limitations on such a requirement.

(5) A limitation under paragraph (4) may in particular be by reference to—

(a) work of a particular nature,

(b) work with a particular level of remuneration,

(c) work in particular locations, or

(d) work available for a certain number of hours per week or at particular times,

and may be indefinite or for a particular period.

Work availability requirement N.I.

8E.— (1) In this Order a “work availability requirement” is a requirement that a claimant be available for work.

(2) For the purposes of this Article “available for work” means able and willing immediately to take up paid work (or more paid work or better-paid work).

(3) Regulations may impose limitations on a work availability requirement by reference to the work to which it relates; and the Department may in any particular case specify further such limitations on such a requirement.

(4) A limitation under paragraph (3) may in particular be by reference to—

(a) work of a particular nature,

(b) work with a particular level of remuneration,

(c) work in particular locations, or

(d) work available for a certain number of hours per week or at particular times,

and may be indefinite or for a particular period.

(5) Regulations may for the purposes of paragraph (2) define what is meant by able and willing immediately to take up work.

Imposition of work-related requirements N.I.

8F.— (1) The Department must, except in prescribed circumstances, impose on a claimant—

(a) a work search requirement, and

(b) a work availability requirement.

(2) The Department may, subject to this Order, impose either or both of the following on a claimant—

(a) a work-focused interview requirement;

(b) a work preparation requirement.

Connected requirements N.I.

8G.— (1) The Department may require a claimant to participate in an interview for any purpose relating to—

(a) the imposition of a work-related requirement on the claimant;

(b) verifying the claimant's compliance with a work-related requirement;

(c) assisting the claimant to comply with a work-related requirement.

(2) The Department may specify how, when and where such an interview is to take place.

(3) The Department may, for the purpose of verifying the claimant's compliance with a work-related requirement, require a claimant to—

(a) provide to the Department information and evidence specified by the Department in a manner so specified;

(b) confirm compliance in a manner so specified.

(4) The Department may require a claimant to report to the Department any specified changes in the claimant's circumstances which are relevant to—

(a) the imposition of work-related requirements on the claimant;

(b) the claimant's compliance with a work-related requirement.

Imposition of work-related and connected requirements: supplementary N.I.

8H.— (1) Regulations may make provision—

(a) where the Department may impose a requirement under the preceding provisions, as to when the requirement must or must not be imposed;

(b) where the Department may specify any action to be taken in relation to a requirement under the preceding provisions, as to what action must or must not be specified;

(c) where the Department may specify any other matter in relation to such a requirement, as to what must or must not be specified in respect of that matter.

(2) Where the Department may impose a work-focused interview requirement, the Department must have regard to such matters as may be prescribed.

(3) Where the Department may specify a particular action under Article 8C(1) or 8D(1)(b), the Department must have regard to such matters as may be prescribed.

(4) Where the Department may impose a requirement under the preceding provisions, the Department may revoke or change what has been imposed or specified.

(5) Where the Department may specify any action to be taken in relation to a requirement imposed under the preceding provisions, the Department may revoke or change what has been specified.

(6) Notification of a requirement imposed under the preceding provisions (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Department may determine.

(7) Regulations must make provision to secure that, in prescribed circumstances, where a claimant has recently been a victim of domestic violence—

(a) a requirement imposed on the claimant under the preceding provisions ceases to have effect for a period of 13 weeks, and

(b) the Department may not impose any other requirement on the claimant during that period.

(8) For the purposes of paragraph (7)—

(a) “domestic violence” has such meaning as may be prescribed;

(b) “victim of domestic violence” means a person on or against whom domestic violence is inflicted or threatened (and regulations under paragraph (7) may prescribe circumstances in which a person is to be treated as being or not being a victim of domestic violence);

(c) a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was inflicted or threatened.

Compliance with work-related and connected requirements N.I.

8I.   Regulations may make provision as to circumstances in which a claimant is to be treated as having—

(a) complied with or not complied with any requirement imposed under the preceding provisions or any aspect of such a requirement, or

(b) taken or not taken any particular action specified by the Department in relation to such a requirement.

Higher-level sanctions N.I.

8J.— (1) The amount of an award of jobseeker's allowance is to be reduced in accordance with this Article in the event of a failure by a claimant which is sanctionable under this Article.

(2) It is a failure sanctionable under this Article if a claimant—

(a) fails for no good reason to comply with a requirement imposed under a work preparation requirement to undertake a work placement of a prescribed description;

(b) fails for no good reason to comply with a requirement imposed under a work search requirement to apply for a particular vacancy for paid work;

(c) fails for no good reason to comply with a work availability requirement by not taking up an offer of paid work;

(d) by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay.

(3) It is a failure sanctionable under this Article if, at any time before making the claim by reference to which the award is made, the claimant—

(a) for no good reason failed to take up an offer of paid work, or

(b) by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay.

(4) For the purposes of paragraphs (2) and (3) regulations may provide—

(a) for circumstances in which ceasing to work or losing pay is to be treated as occurring or not occurring by reason of misconduct or voluntarily;

(b) for loss of pay below a prescribed level to be disregarded.

(5) Regulations are to specify—

(a) the amount of a reduction under this Article;

(b) the period for which such a reduction has effect, not exceeding 18 months in relation to any failure sanctionable under this Article.

(6) Regulations under paragraph (5)(b) may in particular provide for the period of a reduction to depend on either or both of the following—

(a) the number of failures by the claimant sanctionable under this Article;

(b) the period between such failures.

(7) Regulations may provide—

(a) for cases in which no reduction is to be made under this Article;

(b) for a reduction under this Article made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c) for the termination or suspension of a reduction under this Article.

Other sanctions N.I.

8K.— (1) The amount of an award of a jobseeker's allowance is to be reduced in accordance with this Article in the event of a failure by a claimant which is sanctionable under this Article.

(2) It is a failure sanctionable under this Article if a claimant—

(a) fails for no good reason to comply with a work-related requirement;

(b) fails for no good reason to comply with a requirement under Article 8G.

(3) But a failure by a claimant is not sanctionable under this Article if it is also a failure sanctionable under Article 8J.

(4) Regulations must specify—

(a) the amount of a reduction under this Article;

(b) the period for which such a reduction has effect.

(5) Regulations under paragraph (4)(b) may provide that a reduction under this Article in relation to any failure is to have effect for—

(a) a period continuing until the claimant meets a compliance condition specified by the Department,

(b) a fixed period not exceeding 26 weeks which is—

(i) specified in the regulations, or

(ii) determined in any case by the Department, or

(c) a combination of both.

(6) In paragraph (5)(a) “compliance condition” means—

(a) a condition that the failure ceases, or

(b) a condition relating to future compliance with a work-related requirement or a requirement under Article 8G.

(7) A compliance condition specified under paragraph (5)(a) may be—

(a) revoked or varied by the Department;

(b) notified to the claimant in such manner as the Department may determine.

(8) A period fixed under paragraph (5)(b) may in particular depend on either or both the following—

(a) the number of failures by the claimant sanctionable under this Article;

(b) the period between such failures.

(9) Regulations may provide—

(a) for cases in which no reduction is to be made under this Article;

(b) for a reduction under this Article made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c) for the termination or suspension of a reduction under this Article.

Concurrent exercise of certain functions by Department for Employment and Learning N.I.

8L.— (1) The Department for Employment and Learning may exercise, concurrently with the Department, the functions of the Department under the provisions of this Part specified in paragraph (2); and references to the Department in those provisions are to be construed accordingly.

(2) The provisions are—

(a) Article 8A(2) and (4)(a) and (c);

(b) Article 8B(1), (3) and (4);

(c) Article 8C(1) and (2);

(d) Article 8D(1)(b), (2) and (4);

(e) Article 8E(3);

(f) Article 8G(1), (2), (3) and (4);

(g) Article 8H(1)(b) and (c), (3) and (5);

(h) Article 8I(b).

Delegation and contracting out N.I.

8M.— (1) The functions of the Department under Articles 8 to 8I may be exercised by, or by the employees of, such person as the Department may authorise for the purpose (an “authorised person”).

(2) An authorisation given by virtue of this Article may authorise the exercise of a function—

(a) wholly or to a limited extent;

(b) generally or in particular cases or areas;

(c) unconditionally or subject to conditions.

(3) An authorisation under this Article—

(a) may specify its duration;

(b) may be varied or revoked at any time by the Department;

(c) does not prevent the Department or another person from exercising the function to which the authorisation relates.

(4) Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Department or (as the case may be) an officer of the Department.

(5) Paragraph (4) does not apply—

(a) for the purposes of so much of any contract made between the authorised person and the Department as relates to the exercise of the function, or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).

(6) Where—

(a) the authorisation of an authorised person is revoked, and

(b) at the time of the revocation so much of any contract made between the authorised person and the Department as relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by the Department (and not as frustrated by reason of the revocation).

(7) This Article applies in relation to the functions exercisable by the Department for Employment and Learning by virtue of Article 8L as it applies in relation to the functions of the Department mentioned in paragraph (1); and references to the Department in paragraphs (1) to (6) are to be construed accordingly.]

Actively seeking employment N.I.

9.— [F43 (1) For the purposes of this Order, a person is actively seeking employment in any week if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment.

(2) Regulations may make provision—

(a) with respect to steps which it is reasonable, for the purposes of paragraph (1), for a person to be expected to have to take in any week;

(b) as to circumstances (for example, his skills, qualifications, abilities and physical or mental limitations) which, in particular, are to be taken into account in determining whether, in relation to any steps taken by a person, the requirements of paragraph (1) are satisfied in any week.

(3) Regulations may make provision for acts of a person which would otherwise be relevant for purposes of this Article to be disregarded in such circumstances (including circumstances constituted by, or connected with, his behaviour or appearance) as may be prescribed.

(4) Regulations may prescribe circumstances in which, for the purposes of this Order, a person is to be treated as actively seeking employment.

(5) Regulations under paragraph (4) may, in particular, provide for a person who is actively seeking employment—

(a) only in his usual occupation,

(b) only at a level of remuneration not lower than that which he is accustomed to receive, or

(c) only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive,

to be treated, for the permitted period determined in his case for the purposes of Article 8(5), as actively seeking employment during that period.

(6) Regulations may provide for this Article, and any regulations made under it, to have effect in relation to a person who has reached the age of 16 but not the age of 18 as if “employment” included “training”.

(7) Where it has been determinedF44 ( “the first determination”) that a person is to be treated, for the purposes of this Order, as actively seeking employment in any week, the question whether he is actively seeking employment in that week may subsequently be determinedF45 on a review of the first determination.

(8) For the purposes of this Article—

• “employment” means employed earner's employment or, in prescribed circumstances—

  (a)

  self-employed earner's employment; or

  (b)

  employed earner's employment and self-employed earner's employment; and “employed earner's employment” and

• “self-employed earner's employment” have the same meanings as in the Benefits Act.]

F43 Arts. 8-8M and cross-heading substituted (2.5.2016 for specified purposes) for arts. 8-12 and cross-heading by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 55(4); S.R. 2016/215, art. 2(3)(a)(iii)

F44 prosp. in pt. rep. by 1998 NI 10

F45 prosp. in pt. subst. by 1998 NI 10

Attendance, information and evidence N.I.

10.— [F46 (1) Regulations may make provision for requiring a claimant[F47 (other than a joint-claim couple claiming a joint-claim jobseeker's allowance)]

(a) To attend at such place and at such time as[F47 an employment officer] may specify; and

(b) to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment.

[F47 (1A) Regulations may make provision—

(a) for requiring each member of a joint-claim couple claiming a joint-claim jobseeker's allowance to attend at such place and such time as the Department, or any other Department, may specify;

(b) for requiring a member of such a couple to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment;

(c) for requiring such a couple to jointly provide information and such evidence as may be prescribed as to the circumstances of each or either member of the couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment;

(d) where any requirement to provide information or evidence is imposed on such a couple by virtue of sub-paragraph (c), for the joint obligation of the couple to be capable of being discharged by the provision of the information or evidence by one member of the couple.]

(2) Regulations under paragraph (1)[F47 or (1A)] may, in particular—

[F48 (a) prescribe circumstances in which a jobseeker's allowance is not to be payable for a prescribed period (of at least one week but not more than two weeks) in the case of—

(i) a claimant (other than a joint-claim couple claiming a joint-claim jobseeker's allowance) who fails to comply with any regulations made under that paragraph, o

(ii) a joint-claim couple claiming a joint-claim jobseeker's allowance a member of which fails to comply with any such regulations;

(b) provide for the consequence set out in sub-paragraph (a) not to follow if, within a prescribed period of a person's (“P”) failure to comply with any such regulations (“the relevant period”), P or, if P is a member of a joint-claim couple, either member of the couple—

(i) makes prescribed contact with an officer of the Department or of the Department for Employment and Learning, and

(ii) shows that P had good cause for the failure;

(c) provide for entitlement to a jobseeker's allowance to cease at such time as may be determined in accordance with any such regulations if P or, as the case may be, a member of the couple does not make prescribed contact with an officer of the Department or of the Department for Employment and Learning in the relevant period;

(ca) prescribe circumstances in which a jobseeker's allowance is to be payable in respect of a claimant even though provision made by any such regulations by virtue of sub-paragraph (a) prevents payment of a jobseeker's allowance in respect of the claimant; and]

(d) prescribe—

(i) matters which are, or are not, to be taken into account in determining whether a person has, or does not have, good cause for failing to comply with any such regulations; and

(ii) circumstances in which a person is, or is not, to be regarded as having, or not having, good cause for failing to comply with any such regulations.

[F49 (2A) The provision that may be made by any such regulations by virtue of paragraph (2)(ca) includes, in particular, provision for a jobseeker's allowance payable by virtue of that sub-paragraph to be—

(a) payable only if prescribed requirements as to the provision of information are complied with;

(b) payable at a prescribed rate;

(c) payable for a prescribed period (which may differ from the period mentioned in paragraph (2)(a)).]

[F47 (3) In paragraph (1) “employment officer” means an officer of the Department, an officer of any other Department, or such other person as may be designated for the purposes of that paragraph by an order made by the Department.]]

F46 Arts. 8-8M and cross-heading substituted (2.5.2016 for specified purposes) for arts. 8-12 and cross-heading by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 55(4); S.R. 2016/215, art. 2(3)(a)(iii)

F47 1999 NI 11

F48 Art. 10(2)(a)-(ca) and word substituted (13.8.2010) for Article 10(2)(a)-(c) and word by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 27(2), 36(1)(j)

F49 Art. 10(2A) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 27(3), 36(1)(j)

Modifications etc. (not altering text)

C5 Art. 10(2) modified (temp. from 22.9.2010) by Welfare Reform (2010 Act) (Commencement No. 1 and Transitory Provision) Order (Northern Ireland) 2010 (S.R. 2010/327), art. 3(a)

C6 Art. 10(3) modified (temp. from 22.9.2010) by Welfare Reform (2010 Act) (Commencement No. 1 and Transitory Provision) Order (Northern Ireland) 2010 (S.R. 2010/327), art. 3(b)

The jobseeker's agreement N.I.

11.— [F50 (1) An agreement which is entered into by a claimant and an employment officer and which complies with the prescribed requirements in force at the time when the agreement is made is referred to in this Order as “a jobseeker's agreement”.

(2) A jobseeker's agreement shall have effect only for the purposes of Article 3.

(3) A jobseeker's agreement shall be in writing and be signed by both parties.

[F51 (3A) The agreement may be in electronic form and signed by means of an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000 F52 ).]

(4) A copy of the agreement shall be given to the claimant.

(5) An employment officer shall not enter into a jobseeker's agreement with a claimant unless, in the officer's opinion, the conditions mentioned in Article 3(2)(a) and (c) would be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the proposed agreement.

(6) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed jobseeker's agreement toF53 an adjudication officer for him to determine—

(a) whether, if the claimant concerned were to comply with the proposed agreement, he would satisfy—

(i) the condition mentioned in Article 3(2)(a), or

(ii) the condition mentioned in Article 3(2)(c); and

(b) whether it is reasonable to expect the claimant to have to comply with the proposed agreement.

(7) F53 An adjudication officer to whom a reference is made under paragraph (6)—

(a) shall so far as practicable dispose of it in accordance with this Article before the end of the period of 14 days from the date of the reference;

(b) may give such directions, with respect to the terms on which the employment officer is to enter into a jobseeker's agreement with the claimant, asF53 the adjudication officer considers appropriate;

(c) may direct that, if such conditions asF53 he considers appropriate are satisfied, the proposed jobseeker's agreement is to be treated (if entered into) as having effect on such date, before it would otherwise have effect, as may be specified in the direction.

(8) Regulations may provide—

(a) for such matters as may be prescribed to be taken into account byF53 an adjudication officer in giving a direction under paragraph (7)(c); and

(b) for such persons as may be prescribed to be notified of—

(i) any determination ofF53 an adjudication officer under this Article;

(ii) any direction given byF53 an adjudication officer under this Article.

F54 (9) Any determination of adjudication officer under this Article shall be binding.

(10) Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in Article 3(2)(b).

(11) Regulations may provide that, in prescribed circumstances, a jobseeker's agreement is to be treated as having effect on a date, to be determined in accordance with the regulations, before it would otherwise have effect.

(12) Except in such circumstances as may be prescribed, a jobseeker's agreement entered into by a claimant shall cease to have effect on the coming to an end of an award of a jobseeker's allowance made to him[F55 or to a joint-claim couple of which he is a member.].

(13) In this Article and Article 12 “employment officer” means an officer of the Department or such other person as may be designated for the purposes of this Article by an order made by the Department.]

F50 Arts. 8-8M and cross-heading substituted (2.5.2016 for specified purposes) for arts. 8-12 and cross-heading by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 55(4); S.R. 2016/215, art. 2(3)(a)(iii)

F51 Art. 11(3A) inserted (1.2.2012) by Social Security (Electronic Communications) Order (Northern Ireland) 2011 (S.R. 2011/298), arts. 1, 3(2)

F52 2000 c. 7

F53 prosp. in pt. subst. by 1998 NI 10

F54 prosp. in pt. rep. by 1998 NI 10

F55 1999 NI 11

Variation of jobseeker's agreement N.I.

12.— [F56 (1) A jobseeker's agreement may be varied, in the prescribed manner, by agreement between the claimant and any employment officer.

(2) Any agreement to vary a jobseeker's agreement shall be in writing and be signed by both parties.

[F57 (2A) Any agreement to vary a jobseeker's agreement may be in electronic form and signed by means of an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000).]

(3) A copy of the agreement, as varied, shall be given to the claimant.

(4) An employment officer shall not agree to a variation of a jobseeker's agreement, unless, in the officer's opinion, the conditions mentioned in Article 3(2)(a) and (c) would continue to be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the agreement as proposed to be varied.

(5) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed variation of a jobseeker's agreement toF58 an adjudication officer for him to determine—

(a) whether, if the claimant concerned were to comply with the agreement as proposed to be varied, he would satisfy—

(i) the condition mentioned in Article 3(2)(a), or

(ii) the condition mentioned in Article 3(2)(c); and

(b) whether it is reasonable to expect the claimant to have to comply with the agreement as proposed to be varied.

(6) F58 An adjudication officer to whom a reference is made under paragraph (5)—

(a) shall so far as practicable dispose of it in accordance with this Article before the end of the period of 14 days from the date of the reference;

(b) shall give such directions asF58 he considers appropriate as to—

(i) whether the jobseeker's agreement should be varied, and

(ii) if so, the terms on which the claimant and the employment officer are to enter into an agreement to vary it;

(c) may bring the jobseeker's agreement to an end where the claimant fails, within a prescribed period, to comply with a direction given under sub-paragraph (b)(ii);

(d) may direct that, if—

(i) the jobseeker's agreement is varied, and

(ii) such conditions asF58 he considers appropriate are satisfied,

the agreement as varied is to be treated as having effect on such date, before it would otherwise have effect, as may be specified in the direction.

(7) Regulations may provide—

(a) or such matters as may be prescribed to be taken into account byF58 an adjudication officer in giving a direction under paragraph (6)(b) or (d); and

(b) for such persons as may be prescribed to be notified of—

(i) any determination ofF58 an adjudication officer under this Article;

(ii) any direction given byF58 an adjudication officer under this Article.

F59 (8) Any determination of an adjudication officer under this Article shall be binding.]

F56 Arts. 8-8M and cross-heading substituted (2.5.2016 for specified purposes) for arts. 8-12 and cross-heading by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 55(4); S.R. 2016/215, art. 2(3)(a)(iii)

F57 Art. 12(2A) inserted (1.2.2012) by Social Security (Electronic Communications) Order (Northern Ireland) 2011 (S.R. 2011/298), arts. 1, 3(3)

F58 prosp. in pt. subst. by 1998 NI 10

F59 prosp. in pt. rep. by 1998 NI 10

F60 Jobseeker's agreement: reviews and appeals N.I.

13.—(1) Any determination of, or direction given by, an adjudication officer under Article 11 or 12 may be reviewed (by a different adjudication officer) on the application of the claimant or of an employment officer.

(2) Regulations may make provision with respect to the procedure to be followed on a review under this Article.

(3) The claimant may appeal to a social security appeal tribunal against any determination of, or direction given by, an adjudication officer on a review under this Article.

(4) A social security appeal tribunal determining an appeal under this Article may give a direction of a kind which an adjudication officer may give under Article 11(7)(b) or (c) or (as the case may be) Article 12(6)(b) or (d).

(5) Where a social security appeal tribunal gives a direction under paragraph (4) of a kind which may be given by an adjudication officer under Article 12(6)(b)(ii), an adjudication officer may bring the job seeker's agreement to an end if the claimant fails to comply with the direction within a prescribed period.

(6) An appropriate person may, on the ground that it was erroneous in point of law, appeal to a Commissioner against the decision of a social security appeal tribunal on an appeal under this Article.

(7) Any of the following is an appropriate person for the purposes of paragraph (6)—

(a) the claimant;

(b) an adjudication officer;

(c) in prescribed circumstances, a trade union;

(d) in prescribed circumstances, any other association which exists to promote the interests and welfare of its members.

(8) Subsections (7) to (10) of section 21 of the Administration Act (appeals to Commissioners) shall apply in relation to appeals under this Article as they apply in relation to appeals under that section.

(9) In this Article "Commissioner" has the same meaning as in the Administration Act.

F60 prosp. in pt. rep. by 1998 NI 10

Income and Capital N.I.

Income and capital: general N.I.

14.—(1) In relation to a claim for a jobseeker's allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.

(2) A person's income in respect of a week shall be calculated in accordance with prescribed rules.

(3) The rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).

(4) Circumstances may be prescribed in which—

(a) a person is treated as possessing capital or income which he does not possess;

(b) capital or income which a person does possess is to be disregarded;

(c) income is to be treated as capital;

(d) capital is to be treated as income;

Income and capital: income-based jobseeker's allowance N.I.

15.—(1) No person shall be entitled to an income-based jobseeker's allowance if his capital, or a prescribed part of it, exceeds the prescribed amount.

(2) Where a person claiming an income-based jobseeker's allowance is a member of a family, the income and capital of any member of that family shall, except in prescribed circumstances, be treated as the income and capital of the claimant.

[F61 (2A) Paragraphs (1) and (2) do not apply as regards a joint-claim jobseeker's allowance; but a joint-claim couple shall not be entitled to a joint-claim jobseeker's allowance if the couple's capital, or a prescribed part of it, exceeds the prescribed amount.

(2B) Where a joint-claim couple claim a joint-claim jobseeker's allowance—

(a) the couple's income and capital includes the separate income and capital of each of them; and

(b) the income and capital of any other person who is a member of any family of which the couple are members shall, except in prescribed circumstances, be treated as income and capital of the couple.]

(3) Regulations may provide that capital not exceeding the amount prescribed under paragraph (1)[F61 or (2A)], but exceeding a prescribed lower amount, shall be treated, to a prescribed extent, as if it were income of a prescribed amount.

F61 1999 NI 11

Trade disputes N.I.

Trade disputes N.I.

16.—(1) Where—

(a) there is a stoppage of work which causes a person not to be employed on any day, and

(b) the stoppage is due to a trade dispute at his place of work,

that person, is not entitled to a jobseeker's allowance for the week which includes that day unless he proves that he is not directly interested in the dispute.

(2) A person who withdraws his labour on any day in furtherance of a trade dispute, but to whom paragraph (1) does not apply, is not entitled to a jobseeker's allowance for the week which includes that day.

(3) If a person who is prevented by paragraph (1) from being entitled to a jobseeker's allowance proves that during the stoppage—

(a) he became bona fide employed elsewhere;

(b) his employment was terminated by reason of redundancy within the meaning of[F62 Article 174(1) of the Employment Rights (Northern Ireland) Order 1996], or

(c) he bona fide resumed employment with his employer but subsequently left for a reason other than the trade dispute,

paragraph (1) shall be taken to have ceased to apply to him on the occurrence of the event referred to in sub-paragraph (a) or (b) or (as the case may be) the first event referred to in sub-paragraph (c).

(4) In this Article “place of work”, in relation to any person, means the premises or place at which he was employed.

(5) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of paragraph (4), be deemed to be separate premises or (as the case may be) a separate place.

F62 1996 NI 16

Effect on other claimants N.I.

17.—(1) Except in prescribed circumstances, paragraph (2) applies in relation to a claimant for an income-based jobseeker's allowance where a member of his family ( “A”) is, or would be, prevented by Article 16 from being entitled to a jobseeker's allowance.

(2) For the purposes of calculating the claimant's entitlement to an income-based jobseeker's allowance—

(a) any portion of the applicable amount which is included in respect of A shall be disregarded for the period for which this paragraph applies to the claimant;

(b) where the claimant and A are a[F63 couple], any portion of the applicable amount which is included in respect of them shall be reduced to one half for the period for which this paragraph applies to the claimant;

(c) except so far as regulations provide otherwise, there shall be treated as the claimant's income—

(i) any amount which becomes, or would on an application duly made become, available to A in relation to that period by way of repayment of income tax deducted from A's[F64 taxable earnings (as defined by section 10 of the Income Tax (Earnings and Pensions) Act 2003 under regulations made under section 684 of that Act (PAYE regulations)]; and

(ii) any other payment which the claimant or any member of his family receives or is entitled to obtain because A is without employment for that period; and

(d) any payment by way of a jobseeker's allowance for that period or any part of it which apart from this sub-paragraph would be made to the claimant—

(i) shall not be made, if the weekly rate of payment ( “the rate”) would be equal to or less than the prescribed sum; and

(ii) shall be at a weekly rate equal to the difference between the rate and the prescribed sum, if the rate would be more than the prescribed sum.

(3) Where a reduction under paragraph (2)(b) would not produce a sum which is a multiple of 5p, the reduction shall be to the nearest lower sum which is such a multiple.

(4) Where A returns to work with the same employer after a period during which paragraph (2) applied to the claimant (whether or not his return is before the end of any stoppage of work in relation to which he is, or would be, prevented from being entitled to a jobseeker's allowance), paragraph (2) shall cease to apply to the claimant at the commencement of the day on which A returns to work.

(5) In relation to any period of less than a week, paragraph (2) shall have effect subject to such modifications as may be prescribed.

(6) Paragraphs (7) to (9) apply where an order made under section 132 of the Administration Act (annual up-rating of benefits) has the effect of increasing the sum prescribed in regulations made under Article 6(5) as the personal allowance for a single person aged not less than 25 ( “the personal allowance”).

(7) For the sum prescribed in regulations made under paragraph (2)(d) there shall be substituted, from the time when the order comes into operation, a sum arrived at by increasing the prescribed sum by the percentage by which the personal allowance has been increase by the order.

(8) If the sum arrived at under paragraph (7) is not a multiple of 50p—

(a) any remainder of 25p or less shall be disregarded;

(b) any remainder of more than 25p shall be rounded up to the nearest 50p.

(9) The order shall state the sum substituted for the sum prescribed in regulations made under paragraph (2)(d).

(10) Nothing in paragraph (7) prevents the making of further regulations under paragraph (2)(d) varying the prescribed sum.

F63 2004 c.33

F64 2003 c. 1

[F65 Trade disputes: joint-claim couples N.I.

17A.— (1) Articles 16 and 17 shall, in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance, apply in accordance with this Article.

(2) Where each member of the couple is prevented by Article 16 from being entitled to a jobseeker's allowance, the couple are not entitled to a joint-claim jobseeker's allowance.

(3) But where only one member of the couple is prevented by that Article from being entitled to a jobseeker's allowance, the couple are not for that reason alone prevented from being entitled to a joint-claim jobseeker's allowance.

(4) Article 17(1) does not have effect in relation to the couple but, except in prescribed circumstances, Article 17(2) applies for the purposes of calculating the couple's entitlement to a joint-claim jobseeker's allowance where—

(a) a member of the couple, or

(b) any other person who is a member of any family of which the couple are members,

is, or would be, prevented by Article 16 from being entitled to a jobseeker's allowance.

(5) Where Article 17(2) applies in relation to the couple by virtue of paragraph (4), that provision and Article 17(4) apply with the following modifications—

(a) references to the claimant are to be taken as references to the couple;

(b) references to “A” are to the person mentioned in paragraph (4)(a) or (b);

(c) Article 17(2)(b) has effect as if for “where the claimant and A are a [F66 couple],” there were substituted “where A is a member of the couple,”; and

(d) Article 17(2)(c)(ii) has effect as if for “of his family” there were substituted “of any family of which the couple are members”.]

F65 1999 NI 11

F66 2004 c.33

Persons under 18 N.I.

Severe hardship N.I.

18.—(1) If it appears to the Department—

(a) that a person—

(i) has reached the age of 16 but not the age of 18,

(ii) is not entitled to a jobseeker's allowance or to income support, and

(iii) is registered for training but is not being provided with any training, and

(b) that severe hardship will result to him unless a jobseeker's allowance is paid to him, the Department may direct that this Article is to apply to him.

(2) A direction may be given so as to have effect for a specified period.

(3) The Department may revoke a direction if—

(a) it appears to the Department that there has been a change of circumstances as a result of which failure to receive a jobseeker's allowance need no longer result in severe hardship to the person concerned;

F67 (b) it appears to the Department that the person concerned—

(i) failed to pursue an opportunity of obtaining training, or

(ii) rejected an offer of training,

and has not shown good reason for doing so; or

(c) the Department is satisfied that it was given in ignorance of some material fact or was based on a mistake as to some material fact and considers that, but for the ignorance or mistake, the Department would not have given the direction.

F67 (4) In this Article—

“period” includes—

(a)

a period of a determinate length;

(b)

a period defined by reference to the happening of a future event; and

(c)

a period of a determinate length but subject to earlier determination upon the happening of a future event.

F67 prosp. in pt. subst. by 1998 NI 10

Reduced payments N.I.

19.—(1) Regulations may provide for the amount of an income-based jobseeker's allowance [F68 payable in respect of] any young person to whom this Article applies to be reduced—

(a) in such circumstances,

(b) by such a percentage, and

(c) for such a period,

as may be prescribed.

[F68 (1A) Regulations may provide for the amount of a joint-claim jobseeker's allowance payable in respect of any joint-claim couple where a member of the couple is a young person to whom this Article applies to be reduced—

(a) in such circumstances,

(b) by such a percentage, and

(c) for such a period,

as may be prescribed.]

(2) This Article applies to any young person in respect of whom—

(a) a direction is in force under Article 18; and

(b) F69 either of the conditions mentioned in paragraph (3) is satisfied.

(3) The conditions are that—

(a) the young person was previously entitled to an income-based jobseeker's allowance and that entitlement ceased by virtue of the revocation of a direction under Article 18;

F69 (b) he has failed to complete a course of training and no certificate has been issued to him under paragraph (4) with respect to that failure.

F69 (4) Where a young person who has failed to complete a course of training—

(a) claims that there was good cause for the failure, and

(b) applies to the Department for a certificate under this paragraph,

the Department shall, if it is satisfied that there was good cause for the failure, issue a certificate to that effect and give a copy of it to the young person.

F69 (5) In this Article “young person” means a person who has reached the age of 16 but not the age of 18.

F68 1999 NI 11

F69 prosp. in pt. subst. by 1998 NI 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F70 “Work for your benefit” schemes etc. N.I.

F70 Arts. 19A, 19B and crossheading inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 1(2), 36(1)(a)

Schemes for assisting persons to obtain employment: “work for your benefit” schemes etc. N.I.

19A— (1) Regulations may make provision for or in connection with imposing on claimants in prescribed circumstances a requirement to participate in schemes of any prescribed description that are designed to assist them to obtain employment.

(2) Regulations under this Article may, in particular, require participants to undertake work, or work-related activity, during any prescribed period with a view to improving their prospects of obtaining employment.

(3) In paragraph (2) “work-related activity”, in relation to any person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so

(4) Regulations under this Article may not require a person to participate in a scheme unless the person would (apart from the regulations) be required to meet the jobseeking conditions.

(5) Regulations under this Article may, in particular, make provision—

(a) for notifying participants of the requirement to participate in a scheme within paragraph (1);

(b) for securing that participants are not required to meet the jobseeking conditions or are not required to meet such of those conditions as are specified in the regulations;

(c) for suspending any jobseeker's agreement to which a person is a party for any period during which the person is a participant;

(d) for securing that the appropriate consequence follows if a participant has failed to comply with the regulations and it is not shown, within a prescribed period, that the participant had good cause for the failure;

(e) prescribing matters which are, or are not, to be taken into account in determining whether a participant has good cause for any failure to comply with the regulations;

(f) prescribing circumstances in which a participant is, or is not, to be regarded as having good cause for any failure to comply with the regulations.

(6) In the case of a jobseeker's allowance other than a joint-claim jobseeker's allowance, the appropriate consequence for the purposes of paragraph (5)(d) is that the allowance is not payable for such period (of at least one week but not more than 26 weeks) as may be prescribed.

(7) In the case of a joint-claim jobseeker's allowance, the appropriate consequence for the purposes of paragraph (5)(d) is that the participant is to be treated as subject to sanctions for the purposes of Article 22A for such period (of at least one week but not more than 26 weeks) as may be prescribed.

(8) Regulations under this Article may make provision for an income-based jobseeker's allowance to be payable in prescribed circumstances even though other provision made by the regulations would prevent payment of it.

This paragraph does not apply in the case of a joint-claim jobseeker's allowance (corresponding provision for which is made by Article 22B(4)).

(9) The provision that may be made by the regulations by virtue of paragraph (8) includes, in particular, provision for the allowance to be—

(a) payable only if prescribed requirements as to the provision of information are complied with;

(b) payable at a prescribed rate;

(c) payable for a prescribed period (which may differ from any period mentioned in paragraph (6))

(10) In this Article—

“claimant”, in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance, means either or both of the members of the couple;

“the jobseeking conditions” means the conditions set out in Article 3(2)(a) to (c);

“participant”, in relation to any time, means any person who is required at that time to participate in a scheme within paragraph (1).

Article 19A: supplemental N.I.

19B— (1) For the purposes of, or in connection with, any scheme within Article 19A(1) the Department or the Department for Employment and Learning may—

(a) make arrangements (whether or not with other persons) for the provision of facilities;

(b) provide support (by whatever means) for arrangements made by other persons for the provision of facilities;

(c) make payments (by way of fees, grants, loans or otherwise) to persons undertaking the provision of facilities under arrangements within sub-paragraph (a) or (b);

(d) make payments (by way of grants, loans or otherwise) to persons participating in the scheme;

(e) make payments in respect of incidental expenses.

(2) In paragraph (1) “facilities” includes services, and any reference to the provision of facilities includes the making of payments to persons participating in the scheme.

(3) The power of the Department for Employment and Learning to make an order under Article 4 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (status of trainees) includes power to make, in relation to—

(a) persons participating in any scheme within Article 19A(1), and

(b) payments received by them by virtue of paragraph (1),

provision corresponding to any provision which (by virtue of Article 4(1) or (2) of that Order) may be made in relation to persons using such facilities, and to such payments received by them, as are mentioned in Article 4(1) of that Order.

Recovery of overpayments N.I.

20.   In the Administration Act, insert after section 69—

“Jobseeker's allowance N.I.

Recovery of jobseeker's allowance: severe hardship cases.

69A.— (1) Where—

(a) a severe hardship direction is revoked; and

(b) it is determined by an adjudication officer that—

(i) whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; and

(ii) in consequence of the failure of misrepresentation, payment of a jobseeker's allowance has been made during the relevant period to the person to whom the direction related,

an adjudication officer may determine that the Department is entitled to recover the amount of the payment.

(2) In this section—

• “severe hardship direction” means a direction given under Article 18 of the Jobseekers (Northern Ireland) Order 1995; and

• “the relevant period” means—

  (a)

  if the revocation is under Article 18(3)(a) of that Order, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and

  (b)

  if the revocation is under Article 18(3)(b) or (c) of that Order, the period during which the direction was in force.

(3) Where a severe hardship direction is revoked, the Department may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.

(4) If the Department certifies that there has been such misrepresentation or failure to disclose, it may certify—

(a) who made the misrepresentation or failed to make the disclosure; and

(b) whether or not a payment of jobseeker's allowance has been made in consequence of the misrepresentation or failure.

(5) If the Department certifies that a payment has been made, it may certify the period during which a jobseeker's allowance would not have been paid but for the misrepresentation or failure to disclose.

(6) A certificate under this section shall be conclusive as to any matter certified.

(7) Subsections (3) and (6) to (10) of section 69 above apply to a jobseeker's allowance recoverable under subsection (1) above as they apply to a jobseeker's allowance recoverable under section 69(1) above.

(8) The other provisions of section 69 above do not apply to a jobseeker's allowance recoverable under subsection (1) above.”.]

Denial of jobseeker's allowance N.I.

Circumstances in which a jobseeker's allowance is not payable N.I.

21.—(1) Even though the conditions for entitlement to a jobseeker's allowance are satisfied with respect to a person, the allowance shall not be payable in any of the circumstances mentioned in paragraph (5) or (6).

[F71 (1A) Subject to Article 22A(9), this Article does not apply as regards a joint-claim jobseeker's allowance (but Articles 22A and 22B make, in relation to such an allowance, provision corresponding to that made by this Article and Article 22).]

(2) If the circumstances are any of those mentioned in paragraph (5), the period for which the allowance is not to be payable shall be such period (of at least one week but not more than 26 weeks) as may be prescribed.

(3) If the circumstances are any of those mentioned in paragraph (6), the period for which the allowance is not to be payable shall be such period (of at least one week but not more than 26 weeks) as may be determined byF72 the adjudication officer.

(4) Regulations may prescribe—

(a) circumstances whichF72 an adjudication officer is to take into account, and

(b) circumstances whichF72 he is not to take into account, in determining a period under paragraph (3).

(5) The circumstances referred to in paragraphs (1) and (2) are that the claimant—

(a) has, without good cause, refused or failed to carry out any jobseeker's direction which was reasonable, having regard to his circumstances,

(b) has, without good cause—

(i) neglected to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;

(ii) after a place on such a scheme or programme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him;

(iii) given up a place on such a scheme or programme; or

(iv) failed to attend such a scheme or programme on which he has been given a place; or

(c) has lost his place on such a scheme or programme through misconduct.

(6) The circumstances referred to in paragraphs (1) and (3) are that the claimant—

(a) has lost his employment as an employed earner through misconduct;

(b) has voluntarily left such employment without just cause;

(c) has, without good cause, after a situation in any employment has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or

(d) has, without good cause, neglected to avail himself of a reasonable opportunity of employment.

(7) In such circumstances as may be prescribed, including in particular where he has been dismissed by his employer by reason of redundancy within the meaning of[F73 Article 174(1) of the Employment Rights (Northern Ireland) Order 1996] after volunteering or agreeing to be so dismissed, a person who might otherwise be regarded as having left his employment voluntarily is to be treated as not having left voluntarily.

(8) Regulations may—

(a) prescribe matters which are, or are not, to be taken into account in determining whether a person—

(i) has, or does not have, good cause for any act or omission; or

(ii) has, or does not have, just cause for any act or omission; or

(b) prescribe circumstances in which a person—

(i) is, or is not, to be regarded as having, or not having, good cause for any act or omission; or

(ii) is, or is not, to be regarded as having, or not having, just cause for any act or omission.

(9) Subject to any regulations under paragraph (8), in determining whether a person has, or does not have, good cause or (as the case may be) just cause for any act or omission, any matter relating to the level of remuneration in the employment in question shall be disregarded.

(10) In this Article—

(a) “employment officer” means an officer of the Department or such other person as may be designated for the purposes of this Article by an order made by the Department;

(b) “jobseeker's direction” means a direction in writing given by an employment officer with a view to achieving one or both of the following—

(i) assisting the claimant to find employment;

(ii) improving the claimant's prospects of being employed; and

(c) “training scheme” and “employment programme” have such meaning as may be prescribed.

F71 1999 NI 11

F72 prosp. in pt. subst. by 1998 NI 10

F73 1996 NI 16

Exemptions from Article 21 N.I.

22.—(1) Nothing in Article 21, or in regulations under that Article, shall be taken to prevent payment of a jobseeker's allowance merely because the claimant refuses to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute.

(2) Article 21 does not apply, in the circumstances mentioned in paragraph (5) of that Article, if—

(a) a direction is in force under Article 18 with respect to the claimant; and

(b) he has acted in such a way as to risk—

(i) having that direction revoked under paragraph (3)(b) of Article 18; or

(ii) having the amount of his jobseeker's allowance reduced by virtue of Article 19, becauseF74 he has failed to complete a course of training.

(3) Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner's employment without falling within Article 21(6)(b) or (d) should he leave that employment voluntarily and without just cause at any time during a trial period.

(4) In such circumstances as may be prescribed, an income-based jobseeker's allowance shall be[F75 payable in respect of] a claimant even though Article 21 prevents payment of a jobseeker's allowance to him.

(5) A jobseeker's allowance shall be payable by virtue of paragraph (4) only if the claimant has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

(6) Regulations under paragraph (4) may, in particular, provide for a jobseeker's allowance payable by virtue of that paragraph to be—

(a) payable at a prescribed rate;

(b) payable for a prescribed period (which may differ from the period fixed under Article 21(2) or (3)).

(7) In paragraph (3), “trial period” has such meaning as may be prescribed.

(8) Regulations may make provision for determining, for the purposes of this Article, the day on which a person's employment is to be regarded as commencing.

F74 prosp. in pt. subst. by 1998 NI 10

F75 1999 NI 11

[F76 Denial or reduction of joint-claim jobseeker's allowance N.I.

22A.— (1) Where this Article applies to a member of a joint-claim couple, that member of the couple shall be subject to sanctions for the purposes of this Article.

(2) This Article applies to a member of a joint-claim couple if that member of the couple —

(a) has, without good cause, refused or failed to carry out any jobseeker's direction which was reasonable, having regard to his circumstances;

(b) has, without good cause—

(i) neglected to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;

(ii) after a place on such a scheme or programme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him;

(iii) given up a place on such a scheme or programme; or

(iv) failed to attend such a scheme or programme on which he has been given a place;

(c) has lost his place on such a scheme or programme through misconduct;

(d) has lost his employment as an employed earner through misconduct;

(e) has voluntarily left such employment without just cause;

(f) has, without good cause, after a situation in any employment has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or

(g) has, without good cause, neglected to avail himself of a reasonable opportunity of employment.

(3) Where this Article applies to a member of a joint-claim couple by virtue of any of sub-paragraphs (a) to (c) of paragraph (2), the period for which he is to be subject to sanctions shall be such period (of at least one week but not more than 26 weeks) as may be prescribed.

(4) Where this Article applies to a member of a joint-claim couple by virtue only of any of sub-paragraphs (d) to (g) of paragraph (2), the period for which he is to be subject to sanctions shall be such period (of at least one week but not more than 26 weeks) as may be determined by the Department.

(5) Even though the conditions for entitlement to a joint-claim jobseeker's allowance are satisfied in relation to a joint-claim couple—

(a) the allowance shall not be payable for any period during which both members of the couple are subject to sanctions; and

(b) the amount of the allowance payable in respect of the couple for any period during which only one member of the couple is subject to sanctions shall be reduced to an amount calculated by the prescribed method ( “the reduced amount”).

(6) The method prescribed for calculating the reduced amount may, in particular, involve—

(a) deducting amounts from, or making percentage reductions of, the amount which would be the amount of the allowance if neither member of the couple were subject to sanctions;

(b) disregarding portions of the applicable amount;

(c) treating amounts as being income or capital of the couple.

(7) During any period for which the amount of a joint-claim jobseeker's allowance payable in respect of a joint-claim couple is the reduced amount, the allowance shall be payable to the member of the couple who is not subject to sanctions.

(8) Regulations may prescribe—

(a) circumstances which the Department is to take into account, and

(b) circumstances which it is not to take into account,

in determining a period under paragraph (4).

(9) Paragraphs (7) to (10) of Article 21 apply for the purposes of this Article as for those of that Article but as if references in paragraph (10)(b) of that Article to the claimant were to the member of the joint-claim couple to whom paragraph (2)(a) applies.]

F76 1999 NI 11

Exemptions from Article 22A N.I.

22B.—(1) Article 22A shall not be taken to apply to a member of a joint-claim couple merely because he has refused to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute.

(2) Article 22A does not apply to a member of a joint-claim couple by virtue of any of sub-paragraphs (a) to (c) of paragraph (2) of that Article if—

(a) a direction is in force under Article 18 with respect to that member of the couple; and

(b) he has acted in such a way as to risk—

(i) having that direction revoked under paragraph (3)(b) of Article 18, or

(ii) having the amount of the couple's entitlement to a joint-claim jobseeker's allowance reduced by virtue of Article 19 because the condition in Article 19(3)(b) or (c) is established.

(3) Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner's employment without Article 22A applying to him by virtue of sub-paragraph (e) or (g) of paragraph (2) of that Article should he leave that employment voluntarily and without just cause at any time during a trial period.

(4) In such circumstances as may be prescribed, a joint-claim jobseeker's allowance shall be payable in respect of a joint-claim couple even though Article 22A(5)(a) prevents payment of such a jobseeker's allowance to the couple.

(5) A jobseeker's allowance shall be payable by virtue of paragraph (4) only if the couple have complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

(6) Regulations under paragraph (4) may, in particular, provide for a jobseeker's allowance payable by virtue of that paragraph to be—

(a) payable at a prescribed rate;

(b) payable for a prescribed period (which may differ from the period during which both members of the couple are subject to sanctions for the purposes of Article 22A).

(7) In paragraph (3), “trial period” has such meaning as may be prescribed.

(8) Regulations may make provision for determining, for the purposes of this Article, the day on which a person's employment is to be regarded as commencing.

[F77 Violent conduct etc. in connection with claim N.I.

F77 Arts. 22C-22D and preceding cross-heading inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 20(2), 36(1)(f)

Sanctions for violent conduct etc. in connection with claim N.I.

22C— (1) This Article applies if—

(a) a person (“the offender”) is convicted of, or is cautioned in respect of, an offence involving violence or harassment,

(b) the conduct constituting the offence was done to, or in relation to, a person who was in the course of exercising functions under this Order on any premises,

(c) the conduct occurred while the offender was on those premises for the purposes of a claim to a jobseeker's allowance, and

(d) the offender is a person, or a member of a joint-claim couple, with respect to whom the conditions for entitlement to a jobseeker's allowance are or become satisfied.

(2) In the case of a jobseeker's allowance other than a joint-claim jobseeker's allowance—

(a) the allowance is not to be payable in respect of the offender for the period of one week beginning with such date as may be prescribed (even though the conditions for entitlement are satisfied); and

(b) on the first occasion (if any) on which another sanctions provision applies in the case of the offender, the sanctions period is to be extended in that case by a period of five weeks.

(3) For the purposes of paragraph (2)(b)—

(a) the reference to another sanctions provision is to any provision made by or under this Order (other than paragraph (2)) which provides for a jobseeker's allowance not to be payable for a period; and

(b) the reference to the sanctions period is to the period for which the allowance would (but for paragraph (2)(b)) not be payable by virtue of that provision

(4) In the case of a joint-claim jobseeker's allowance—

(a) the offender is to be treated as subject to sanctions for the purposes of Article 22A for the period of one week beginning with such date as may be prescribed (even though the conditions for entitlement are satisfied); and

(b) on the first occasion (if any) on which another sanctions provision applies in the case of the offender, the sanctions period is to be extended in that case by a period of five weeks.

(5) For the purposes of paragraph (4)(b)—

(a) the reference to another sanctions provision is to any provision made by or under this Order (other than paragraph (4)) which provides for a member of a joint-claim couple to be (or treated as being) subject to sanctions for the purposes of Article 22A for a period; and

(b) the reference to the sanctions period is to the period for which the member of the couple would (but for paragraph (4)(b)) be (or be treated as being) subject to sanctions for those purposes by virtue of that provision.

(6) Regulations may make provision for paragraphs (2) and (4) not to apply at any time after the end of a prescribed period or otherwise in prescribed circumstances.

(7) Regulations may make provision for an income-based jobseeker's allowance to be payable in prescribed circumstances even though the preceding provisions of this Article prevent payment of it.

This paragraph does not apply in the case of a joint-claim jobseeker's allowance (corresponding provision for which is made by Article 22B(4)).

(8) The provision that may be made by regulations by virtue of paragraph (7) includes, in particular, provision for the allowance to be—

(a) payable only if prescribed requirements as to the provision of information are complied with;

(b) payable at a prescribed rate;

(c) payable for only part of a week.

(9) If—

(a) a jobseeker's allowance was not payable, or was payable at a reduced rate, as a result of the application of this Article in a case where a person was convicted of an offence involving violence or harassment, and

(b) the person's conviction is subsequently quashed,

all such payments and other adjustments are to be made as would be necessary if the person had never been convicted of the offence

Article 22C: supplementary N.I.

22D— (1) For the purposes of Article 22C each of the following is an offence involving violence or harassment—

(a) common assault, battery or affray;

(b) an offence under section 16, 18, 20, 42 or 47 of the Offences against the Person Act 1861;

(c) an offence under Article 9 or 10 of the Public Order (Northern Ireland) Order 1987;

(d) an offence under Article 4 or 6 of the Protection from Harassment (Northern Ireland) Order 1997;

(e) an ancillary offence in relation to an offence within any of sub-paragraphs (a) to (d).

(2) In paragraph (1)(e) “ancillary offence”, in relation to an offence, means any of the following—

(a) aiding, abetting, counselling or procuring the commission of the offence;

(b) attempting or conspiring to commit the offence.

(3) For the purposes of Article 22C references to a conviction include references to a conviction in relation to which the court makes an order for conditional discharge.

(4) For the purposes of Article 22C “cautioned” means cautioned after the person concerned has admitted the offence.

(5) Regulations may make provision for or in connection with requiring such persons as may be prescribed to notify the Department about prescribed matters for the purposes of Article 22C.

(6) Regulations may amend paragraph (1) or (2) by adding or removing an offence.]

Miscellaneous N.I.

[F78 Contracting out N.I.

22E—F79 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The following functions of officers of the Department or of the Department for Employment and Learning may be exercised by, or by employees of, such person (if any) as that Department may authorise for the purpose, namely—

(a) specifying places and times, and being contacted, under Article 10;

(b) entering into or varying any jobseeker's agreement under Article 11 or 12 and referring any proposed agreement or variation to the Department under Article 11 or 12;

(c) giving notifications under Article 18 F80 ...;

F81 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations may provide for any of the following functions of the Department or of the Department for Employment and Learning to be exercisable by, or by employees of, such person (if any) as that Department may authorise for the purpose—

(a) any function under regulations under Article 10, F82 ... 19A F82 ..., except the making of an excluded decision (see paragraph (4));

(b) the function under Article 10(1) of the 1998 Order (revision of decisions) so far as relating to decisions (other than excluded decisions) that relate to any matter arising under any such regulations;

(c) the function under Article 11(1) of the 1998 Order (superseding of decisions) so far as relating to decisions (other than excluded decisions) that relate to any matter arising under any such regulations;

(d) any function under Chapter 2 of Part 2 of the 1998 Order (social security decisions), except Article 25(2) and (3) (decisions involving issues arising on appeal in other cases), which relates to the exercise of any of the functions within sub-paragraphs (a) to (c).

(4) Each of the following is an “excluded decision” for the purposes of paragraph (3)—

(a) a decision about whether a person has failed to comply with a requirement imposed by regulations under Article 10, F83 ... or 19A;

(b) a decision about whether a person had good cause for failure to comply with such a requirement;

(c) a decision about not paying or reducing a jobseeker's allowance in consequence of a failure to comply with such a requirement.

(5) Regulations under paragraph (3) may provide that a function to which that paragraph applies may be exercised

(a) either wholly or to such extent as the regulations may provide,

(b) either generally or in such cases as the regulations may provide, and

(c) either unconditionally or subject to the fulfilment of such conditions as the regulations may provide.

(6) An authorisation given by virtue of any provision made by or under this Article may authorise the exercise of the function concerned—

(a) either wholly or to such extent as may be specified in the authorisation,

(b) either generally or in such cases as may be so specified, and

(c) either unconditionally or subject to the fulfilment of such conditions as may be so specified;

but, in the case of an authorisation given by virtue of regulations under paragraph (3), this paragraph is subject to the regulations.

(7) An authorisation given by virtue of any provision made by or under this Article—

(a) may specify its duration,

(b) may be revoked at any time by the Department or the Department for Employment and Learning, and

(c) does not prevent the Department or the Department for Employment and Learning or any other person from exercising the function to which the authorisation relates.

(8) Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Department or the Department for Employment and Learning or (as the case may be) an officer of that Department.

(9) But paragraph (8) does not apply—

(a) for the purposes of so much of any contract made between the authorised person and the Department or the Department for Employment and Learning as relates to the exercise of the function, or

(b) for the purposes of any criminal proceedings brought in respect of anything done by the authorised person (or an employee of that person).

(10) Any decision which an authorised person makes in exercise of a function of the Department or of the Department for Employment and Learning has effect as a decision of the Department under Article 9 of the 1998 Order.

(11) Where—

(a) the authorisation of an authorised person is revoked at any time, an

(b) at the time of the revocation so much of any contract made between the authorised person and the Department or the Department for Employment and Learning as relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by the Department or the Department for Employment and Learning (and not as frustrated by reason of the revocation).

(12) In this Article—

(a) “the 1998 Order” means the Social Security (Northern Ireland) Order 1998;

(b) “authorised person” means a person authorised to exercise any function by virtue of any provision made by or under this Article;

(c) references to functions of the Department or of the Department for Employment and Learning under any statutory provision include functions which the Department has by virtue of the application of Article 9(1)(c) of the 1998 Order in relation to the statutory provision.]

F78 Art. 22E inserted (20.6.2011 for specified purposes otherwise prosp.) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 26(2), 36(2); S.R. 2011/213, art. 2

F79 Art. 22E(1) (as inserted by 2010 c. 13 (N.I.), s. 26(2)) repealed (17.2.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 2; S.R. 2016/46, art. 3(6)(b)

F80 Words in art. 22E(2)(c) (as inserted by 2010 c. 13 (N.I.), s. 26(2)) repealed (17.2.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 2; S.R. 2016/46, art. 3(6)(b)

F81 Art. 22E(2)(d) (as inserted by 2010 c. 13 (N.I.), s. 26(2)) repealed (17.2.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 2; S.R. 2016/46, art. 3(6)(b)

F82 Words in art. 22E(3)(a) (as inserted by 2010 c. 13 (N.I.), s. 26(2)) repealed (17.2.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 2; S.R. 2016/46, art. 3(6)(b)

F83 Word in art. 22E(4)(a) (as inserted by 2010 c. 13 (N.I.), s. 26(2)) repealed (17.2.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 2; S.R. 2016/46, art. 3(6)(b)

Supplementary provisions N.I.

23.  Further provisions in relation to a jobseeker's allowance are set out in Schedule 1.

Members of the forces N.I.

24.—(1) Regulations may modify any provision of this Order, in such manner as the Secretary of State thinks proper, in its application to persons who are or have been members of Her Majesty's forces.

(2) The regulations may, in particular, provide for Article 21(6)(b) not to apply in relation to a person who is discharged from Her Majesty's forces at his own request.

(3) For the purposes of this Article, Her Majesty's forces shall be taken to consist of such establishments and organisations in which persons serve under the control of the Defence Council as may be prescribed by regulations made by the Secretary of State.

(4) The power to make regulations under this Article is exercisable by statutory instrument.

Recovery of sums in respect of maintenance N.I.

25.—(1) Regulations may make provision for the court to have power to make a recovery order against any person where an award of income-based jobseeker's allowance has been made to that person's spouse [F84 or civil partner].

(2) In this Article “recovery order” means an order requiring the person against whom it is made to make payments to the Department or to such other person or persons as the court may determine.

(3) Regulations under this Article may make provision for the transfer by the Department of the right to receive payments under, and to exercise rights in relation to, a recovery order.

(4) Regulations made under this Article may, in particular, include provision—

(a) as to the matters to which the court is, or is not, to have regard in determining any application under the regulations; and

(b) as to the enforcement of recovery orders.

(5) In this Article, “the court” means a court of summary jurisdiction.

F84 2004 c.33

Effect of alteration of rates N.I.

26.  In the Administration Act, insert after section 139—

“Effect of alteration of rates of a jobseeker's allowance.

139A.— (1) This section applies where—

(a) an award of a jobseeker's allowance is in force in favour of any person ( “the recipient”); and

(b) an alteration—

(i) in any component of the allowance, or

(ii) in the recipient's benefit income, affects the amount of the jobseeker's allowance to which he is entitled.

(2) Subsection (3) applies where, as a result of the alteration, the amount of the jobseeker's allowance to which the recipient is entitled is increased or reduced.

(3) As from the commencing date, the amount of the jobseeker's allowance payable to or for the recipient under the award shall be the increased or reduced amount, without any further decision of an adjudication officer, and the award shall have effect accordingly.

(4) In any case where—

(a) here is an alteration of a kind mentioned in subsection (1)(b); and

(b) before the commencing date (but after that date is fixed) an award of a jobseeker's allowance is made in favour of a person,

the award may provide for the jobseeker's allowance to be paid as from the commencing date, in which case the amount of the jobseeker's allowance shall be determined by reference to the components applicable on that date, or may provide for an amount determined by reference to the components applicable at the date of the award.

(5) In this section—

• “alteration” means—

  (a)

  in relation to any component of a jobseeker's allowance, its alteration by or under any enactment; and

  (b)

  in relation to a person's benefit income, the alteration of any of the applicable sums by any enactment or by an order under section 132 above, to the extent that any such alteration affects the amount of the recipient's benefit income;

• “applicable sums” has the same meaning as in section 139 above;

• “benefit income”, in relation to a recipient, means so much of his income as consists of—

  (a)

  benefit under the Contributions and Benefits Act; or

  (b)

  a war disablement pension or war widow's pension;

• “the commencing date” in relation to an alteration, means the date on which the alteration comes into operation in relation to the recipient;

• “component”, in relation to a jobseeker's allowance, means any of the sums specified in regulations under the Jobseekers (Northern Ireland) Order 1995 which are relevant in calculating the amount payable by way of a jobseeker's allowance.”

Age increases N.I.

27.  In the Administration Act, insert after section 140—

“Implementation of increases in income-based jobseeker's allowance due to attainment of particular ages.

140A.— (1) This section applies where—

(a) an award of an income-based jobseeker's allowance is in force in favour of a person ( “the recipient”); and

(b) a component has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age ( “the qualifying age”).

(2) If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an income-based jobseeker's allowance of an increased amount, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of an adjudication officer; and the award shall have effect accordingly.

(3) Subsection (2) above does not apply where, in consequence on the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to—

(a) a benefit under the Contributions and Benefits Act; or

(b) a jobseekers's allowance.

(4) Subsection (3)(b) above does not apply to the question—

(a) whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient's case; and

(b) whether, in consequence, the amount of his income-based jobseeker's allowance falls to be varied.

(5) In this section “component”, in relation to a recipient and his jobseeker's allowances, means any of the amounts determined in accordance with regulations made under Article 6(5) of the Jobseekers (Northern Ireland) Order 1995.”.

Part III N.I. Back to Work Schemes

The back to work bonus N.I.

28.—(1) Regulations may make provision for the payment, in prescribed circumstances, of sums to or in respect of persons who are or have been entitled to a jobseeker's allowance or to income support.

(2) A sum payable under the regulations shall be known as “a back to work bonus”.

(3) [F85 Subject to section 677 of the Income tax (Earnings and Pensions) Act 2003 (which provides for a back to work bonus not to be taxable)], a back to work bonus shall be treated for all purposes as payable by way of a jobseeker's allowance or (as the case may be) income support.

(4) The regulations may, in particular, provide for—

(a) a back to work bonus to be payable only on the occurrence of a prescribed event;

(b) a bonus not to be payable unless a claim is made before the end of the prescribed period;

(c) the amount of a bonus (subject to any maximum prescribed by virtue of sub-paragraph (g)) to be determined in accordance with the regulations;

(d) enabling amounts to be calculated by reference to periods of entitlement to a jobseeker's allowance and periods of entitlement to income support;

(e) treating a bonus as payable wholly by way of income support or wholly by way of a jobseeker's allowance, in a case where amounts have been calculated in accordance with provision made by virtue of sub-paragraph (d);

(f) keeping persons who may be entitled to a bonus informed of the amounts calculated in accordance with any provision of the regulations made by virtue of sub-paragraph (c);

(g) the amount of a bonus not to exceed a prescribed maximum;

(h) a bonus not to be payable if the amount of the bonus which would otherwise be payable is less than the prescribed minimum;

(i) prescribed periods to be disregarded for prescribed purposes;

(j) a bonus which has been paid to a person to be treated, in prescribed circumstances and for prescribed purposes, as income or capital of his or of any other member of his family;

(k) treating the whole or a prescribed part of an amount which has accrued towards a person's bonus—

(i) as not having accrued towards his bonus; but

(ii) as having accrued towards the bonus of another person;

(l) the whole or a prescribed part of a back to work bonus to be payable, in such circumstances as may be prescribed, to such person, other than the person who is or had been entitled to a jobseeker's allowance or to income support, as may be determined in accordance with the regulations.

F85 2003 c. 1

Employment of long-term unemployed: deductions by employers N.I.

29.—(1) An employee is a “qualifying employee” in relation to his employer for the purposes of this Article if, immediately before beginning his employment with that employer, he had been entitled to a jobseeker's allowance for a continuous period of not less than two years.

(2) An employee is also a “qualifying employee” in relation to his employer for the purposes of this Article if—

(a) immediately before beginning his employment with that employer, he had been unemployed for a continuous period of not less than two years;

(b) he is under pensionable age; and

(c) he falls within a prescribed description of person.

(3) Regulations may make provision for any employer who employs a person who is a qualifying employee in relation to him, to make deductions from the employer's contributions payments in accordance with the regulations and in prescribed circumstances.

(4) Those regulations may, in particular, make provision as to the period for which deductions may be made by an employer.

(5) Regulations may provide, in relation to cases where an employer is a qualifying employee in relation to more than one employer at the same time, for the right to make deductions to be confined to one employer—

(a) determined in accordance with the regulations; and

(b) certified by the[F86 Commissioners of Inland Revenue] Department, in accordance with the regulations, to be the employer entitled to make those deductions.

(6) Regulations may—

(a) provide that, in prescribed circumstances, a person who would not otherwise satisfy the condition in paragraph (1) is to be treated as satisfying it;

(b) provide that, in prescribed circumstances, a person who would not otherwise satisfy the condition in paragraph (2)(a) is to be treated as satisfying it;

(c) prescribe circumstances in which, for prescribed purposes, two or more employers are to be treated as one;

(d) make provision for the payment, in prescribed circumstances, by the[F86 Commissioners of Inland Revenue], of sums to employers who are unable to make the whole or part of any deductions which they are entitled to make;

(e) require persons to maintain such records in connection with deductions made by them as may be prescribed;

(f) require persons who have made deductions to furnish to the[F86 Commissioners of Inland Revenue] such documents and information, at such time, as may be prescribed.

(7) Where, in accordance with any provision of regulations made under this Article, an amount has been deducted from an employer's contributions payments, the amount so deducted shall (except in such cases as may be prescribed) be treated for the purposes of any provision made by or under any enactment in relation to primary or secondary Class 1 contributions as having been—

(a) paid (on such date as may be determined in accordance with the regulations); and

(b) received by the[F86 Commissioners of Inland Revenue],

towards discharging the employer's liability in respect of such contributions.

(8) In this Article—

• “contributions payments”, in relation to an employer, means the aggregate of the payments which he is required to make by way of primary or secondary Class 1 contributions;

• “deductions” means deductions made in accordance with regulations under paragraph (3);F86 . . .

• “employee” and “employer” have such meaning as may be prescribed.

• [F86 “prescribed” means specified in or determined in accordance with regulations;and

• “regulations” means regulations made by the Treasury]

F86 SI 1999/671

F87 Expedited claims for housing benefit N.I.

30.—(1) This Article provides for the making of regulations to enable priority to be given to certain persons with a view to claims for housing benefit made by or in respect of persons who cease to be entitled to a jobseekers's allowance or income support being dealt with quickly.

(2) In section 61 of the Administration Act (adjudication of claims for housing benefit), insert after subsection (2)—

“(2A) Regulations may make provision requiring the Housing Executive, where claims for housing benefit are made to it by, or in respect of, persons how have been entitled to a jobseeker's allowance or to income support to give priority, in prescribed circumstances, to those claims over other claims for that benefit.” .

F87 prosp. in pt. rep. by 1998 NI 10

Pilot schemes N.I.

31.—(1) Any regulations to which this paragraph applies may be made so as to have effect for a specified period not exceeding [F88 36 months].

(2) Any regulations which, by virtue of paragraph (1), are to have effect for a limited period are referred to in this Article as “a pilot scheme”.

(3) A pilot scheme may provide that its provisions are to apply only in relation to—

(a) one or more specified areas or localities;

(b) one or more specified classes of person;

(c) persons selected—

(i) by reference to prescribed criteria; or

(ii) on a sampling basis.

(4) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(5) A pilot scheme ( “the previous scheme”) may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.

(6) Subject to paragraph (8), paragraph (1) applies to—

(a) regulations made under this Order, other than—

(i) regulations made under Article 6(2) or (5) which have the effect of reducing any age-related amount or applicable amount; or

(ii) regulations made under Article 29;

(b) regulations made under the Administration Act, so far as they relate to a jobseekers's allowance;

(c) regulations made under Part VII of the Benefits Act (income-related benefits), other than any mentioned in paragraph (7); and

(d) regulations made under the Administration Act, so far as they relate to income-related benefits payable under Part VII of the Benefits Act.

(7) The regulations referred to in paragraph (6)(c) are—

Sub‐paras. (a) and (b) rep. by 2002 c. 21

(c) regulations under section 129(4) of that Act which have the effect of reducing the appropriate maximum housing benefit; and

(d) regulations reducing any of the sums prescribed under section 131(1) of that Act.

(8) Paragraph (1) applies only if the regulations are made with a view to ascertaining whether their provisions will, or will be likely to, encourage persons to obtain or remain in work or will, or will be likely to, [F89 make it more likely that persons will obtain or remain in work or be able to do so].

F88 Words in art. 31(1) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 22(1)(a), 36(1)(g)

F89 Words in art. 31(8) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 22(1)(b), 36(1)(g)

Part IV N.I. Miscellaneous and Supplemental

Termination of awards N.I.

32.—(1) Regulations may make provision allowing, in prescribed circumstances, an award of income support to be brought to an end byF90 an adjudication officer where the person to whom it was made, or where he is a member of a[F91 couple] his partner[F92 or the couple], will be entitled to a jobseeker's allowance if the award is brought to an end.

(2) Regulations may make provision allowing, in prescribed circumstances, an award of a jobseeker's allowance to be brought to an end byF90 an adjudication officer where the person to whom it was made, or where he is a member of a[F91 couple] his partner[F92 or where the award was made to a couple a member of the couple,], will be entitled to income support if the award is brought to an end.

(3) In this Article “partner” means the other member of the couple concerned.

F90 prosp. in pt. subst. by 1998 NI 10

F91 2004 c.33

F92 1999 NI 11

Insolvency N.I.

33.—(1) In section 69 of the Administration Act (overpayments), after subsection (10) insert—

“(10A) Where—

(a) a jobseeker's allowance is payable to a person from whom any amount is recoverable as mentioned in subsection (8) above; and

(b) that person is subject to a bankruptcy order,

a sum deducted from that benefit under that subsection shall not be treated as income of his for the purposes of the Insolvency (Northern Ireland) Order 1989.”.

(2) In section 74 of the Administration Act (recovery of social fund awards), after subsection (3) insert—

“(3A) Where—

(a) a jobseeker's allowance is payable to a person from whom an award is recoverable under subsection (3) above; and

(b) that person is subject to a bankruptcy order,

a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Insolvency (Northern Ireland) Order 1989.”.

Art. 34 rep. 2000 c. 4 (NI)

Offences N.I.

35.  Para.(1) rep. by 1997 NI 11

• Paras. (2), (3) rep. by 2000 c. 4 (NI)

• Para.(4) rep. by 1997 NI 11

• Paras. (5)‐(7) rep. by 2000 c. 4 (NI)

Regulations and orders N.I.

36.—(1) Where any power under this Order to make regulations or orders is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(2) Any such power includes power—

(a) to make such incidental, supplemental, consequential or transitional provision as appears to the Department or Secretary of State[F93 or (in the case of regulations made by the Treasury) to the Treasury,] to be expedient; and

(b) to provide for a person to exercise a discretion in dealing with any matter.

(3) Any power to make regulations or an order for the purposes of any provision of this Order is without prejudice to any power to make regulations or an order for the purposes of any other provision.

[F94 (4) Without prejudice to the generality of the provisions of this Article—

(a) regulations under Article 19A may make different provision for different areas;

(b) regulations under Article 19A may make provision which applies only in relation to an area or areas specified in the regulations.]

F93 SI 1999/671

F94 Art. 36(4) added (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 1(3), 36(1)(a)

Assembly, etc. control N.I.

37.—(1) Paragraph (2) applies in relation to the following regulations (whether made alone or with other regulations)—

(a) regulations made under any provision of this Order other than—

(i) Article 8, 9, 28,[F95 29,] 31 or 39, or

(ii) paragraph (b) of the definition of “pension payments” in Article 2(2), or

(iii) paragraph 17 of Schedule 1, before the date on which jobseeker's allowances first become payable;

(b) the first regulations to be made under Article 28;

(c) regulations made under Article F96 ... [F97 22D(6),] 31, paragraph (b) of the definition of “pension payments” in Article 2(2) or paragraph [F98 8B or] 17 of Schedule 1.

(2) Regulations to which this paragraph applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

(3) Regulations or orders made under this Order by the Department, other than orders made under Article 1(2),[F99 10(3)] 11(13) F100 or 21(10)(a) shall be subject to negative resolution.

(4) Regulations made under this Order by the Secretary of State[F95 or the Treasury] shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F95 SI 1999/671

F96 Words in art. 37(1)(c) repealed (17.2.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 53; S.R. 2016/46, art. 3(2)(a)

F97 Word in art. 37(1)(c) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 20(3), 36(1)(f)

F98 Words in art. 37(1)(c) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 23(2), 36(1)(h)

F99 1999 NI 11

F100 prosp. in pt. inserted by 1998 NI 10

General financial arrangements N.I.

38.—(1) There shall be paid out of the National Insurance Fund and into the Consolidated Fund sums estimated by the Department to balance payments made by it by way of contribution-based jobseeker's allowance.

(2) The Department shall pay into the National Insurance Fund sums estimated by it to balance sums recovered by it in connection with payments of contribution-based jobseeker's allowance.

(3) The[F101 Commissioners of Inland Revenue] shall pay into the National Insurance Fund sums estimated by[F101 them] to be equal to the aggregate of the amounts deducted by employers in accordance with regulations under Article 29.

(4) The Department shall pay into the Consolidated Fund sums estimated by it to balance sums recovered by it in connection with payments made by way of income-based jobseeker's allowance.

(5) Estimates under this Article shall be made by the[F101 relevant authority]

(a) in any manner which, after consulting the Government Actuary or the Deputy Government Actuary,[F101 the relevant authority consider] appropriate and the Department of Finance and Personnel has approved; and

(b) at such times as[F101 the relevant authority consider] appropriate and the Department of Finance and Personnel has approved.

(6) Payments which are required to be made by this Article shall be made at such times and in such manner as the[F101 relevant authority] considers appropriate and the[F101 relevant financial authority] has approved.

[F101 (7) In paragraphs (5) and (6) “the relevant authority” and “the relevant financial authority” means, respectively—

(a) in relation to any estimate or payment to be made by the Department, the Department and the Department of Finance and Personnel, or

(b) in relation to any estimate or payment to be made by the Commissioners of Inland Revenue, the Commissioners of Inland Revenue and the Treasury.]

F101 SI 1999/671

Transitional provisions N.I.

39.—(1) The Department or the Secretary of State may by regulations make such transitional provision, consequential provision or savings as it or he considers necessary or expedient for the purposes of or in connection with—

(a) the coming into operation of any provision of this Order; or

(b) the operation of any enactment repealed or amended by any such provision during any period when the repeal or amendment is not wholly in operation.

(2) Regulations under this Article may in particular make provision—

(a) for the termination or cancellation of awards of unemployment benefit or income support;

(b) for a person whose award of unemployment benefit or income support has been terminated or cancelled under regulations made by virtue of sub-paragraph (a) to be treated as having been awarded a jobseeker's allowance (a “transitional allowance”)—

(i) of such a kind,

(ii) for such period,

(iii) of such an amount, and

(iv) subject to such conditions,

as may be determined in accordance with the regulations;

(c) for a person's continuing entitlement to a transitional allowance to be determined by reference to such provision as may be made by the regulations;

(d) for the termination of an award of a transitional allowance,

(e) for the review of an award of a transitional allowance;

(f) for a contribution-based jobseeker's allowance not to be payable for a prescribed period where a person is disqualified for receiving unemployment benefit;

(g) that days which were days of unemployment for the purposes of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days during which a person was, or would have been, entitled to a jobseeker's allowance;

(h) that days which were days of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days of entitlement to a contribution-based jobseeker's allowance;

(i) that the rate of a contribution-based transitional allowance is to be calculated by reference to the rate of unemployment benefit paid or payable.

(3) The power of the Secretary of State to make regulations under this Article is exercisable by statutory instrument.

Art. 40—Amendments and repeals

SCHEDULES

Article 23.

SCHEDULE 1 N.I. Supplementary Provisions

Remunerative work N.I.

1.—(1) For the purposes of this Order, “remunerative work” has such meaning as may be prescribed. N.I.

(2) Regulations may prescribe circumstances in which, for the purposes of this Order—

(a) a person who is not engaged in remunerative work is to be treated as engaged in remunerative work; or

(b) a person who is engaged in remunerative work is to be treated as not engaged in remunerative work.

[F102 Limited capability for work] N.I.

F102 Sch. 1 para. 2 and preceding cross-heading substituted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 6(6) (with s. 29, Sch. 4 and S.R. 2008/283, reg. 5); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2

[F103 2.— (1) The question whether a person has, or does not have, limited capability for work shall be determined, for the purposes of this Order, in accordance with the provisions of Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance). N.I.

(2) References in Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this Order, as references to the purposes of this Order.]

F103 Sch. 1 para. 2 and preceding cross-heading substituted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 6(6) (with s. 29, Sch. 4 and S.R. 2008/283, reg. 5); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2

Linking periods N.I.

3.  Regulations may provide— N.I.

(a) for jobseeking periods which are separated by not more than a prescribed number of weeks to be treated, for purposes of this Order, as one jobseeking period;

(b) for prescribed periods ( “linked periods”) to be linked, for purposes of this Order, to any jobseeking period.

Waiting days N.I.

4.  Except in prescribed circumstances, a person is not entitled to a jobseeker's allowance in respect of a prescribed number of days at the beginning of a jobseeking period. N.I.

Periods of less than a week N.I.

5.  Regulations may make provision in relation to— N.I.

(a) entitlement to a jobseeker's allowance, or

(b) the amount payable by way of such an allowance,

in respect of any period of less than a week.

Employment protection sums N.I.

6.—(1) In relation to any contribution-based jobseeker's allowance, regulations may make provision— N.I.

(a) for any employment protection sum to be treated as earnings payable by such person, to such person and for such period as may be determined in accordance with the regulations; and

(b) for any such period, so far as it is not a period of employment, to be treated as a period of employment.

(2) In this paragraph “employment protection sum” means—

(a) any sum, or a prescribed part of any sum—

(i) payable, in respect of arrears of pay, under an order for reinstatement or re-engagement made under the[F104 Employment Rights (Northern Ireland) Order 1996];

(ii) payable, by way of pay, under an order made under that Order for the continuation of contract of employment;

(iii) payable, by way of remuneration, under a protective award made under[F104 Article 217] of that Order; and

(b) any prescribed sum which the regulations provide is to be treated as related to any sum within paragraph (a).

F104 1996 NI 16

Pension payments N.I.

7.  Regulations may make provision, for the purposes of any provision of, or made under, this Order— N.I.

(a) for such sums by way of pension payments to be disregarded for prescribed purposes;

(b) as to the week in which any pension payments are to be treated as having begun;

(c) for treating, in a case where—

(i) a lump sum is paid to a person in connection with a former employment of his or arrangements are made for a lump sum to be so paid; or

(ii) benefits of any description are made available to a person in connection with a former employment of his or arrangements are made for them to be made so available; or

(iii) pension payments to a person are assigned, reduced or postponed or are made otherwise than weekly,

such payments as being made to that person by way of weekly pension payments as are specified in or determined under the regulations;

(d) for the method of determining whether pension payments are made to a person for any week and their amount.

Exemptions N.I.

8.  Regulations may prescribe circumstances in which a person may be entitled to an income-based jobseeker's allowance without— N.I.

(a) being available for employment;

(b) having entered into a jobseeker's agreement; or

(c) actively seeking employment.

[F105 8A.— (1) Regulations may prescribe circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker's allowance without each member of the couple satisfying all the conditions referred to in Article 3(2B)(b). N.I.

(2) Regulations may prescribe circumstances in which, and a period for which, a transitional case couple may be entitled to a joint-claim jobseeker's allowance without having jointly made a claim for it.

(3) In sub-paragraph (2)—

(a) “a transitional case couple” means a joint-claim couple a member of which is entitled to an income-based jobseeker's allowance on the coming into operation of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999; and

(b) “period” shall be construed in accordance with Article 5(3).]

F105 1999 NI 11

[F106 8B— (1) This paragraph applies if domestic violence has been inflicted on or threatened against a person (“V”) in prescribed circumstances. N.I.

(2) The Department must exercise the powers to make regulations under Articles 8(4) and 9(4) so as to secure that, for an exempt period, V is treated as—

(a) being available for employment; and

(b) actively seeking employment.

(3) If V has not entered into a jobseeker's agreement before the exempt period begins, the Department must also exercise the power to make regulations under Article 11(10) so as to secure that V is treated as having entered into a jobseeker's agreement which is in force for the exempt period.

(4) In this paragraph—

• “domestic violence” has such meaning as may be prescribed;

• “exempt period” means a period of 13 weeks beginning no later than a prescribed period after the date (or last date) on which the domestic violence was inflicted or threatened.

(5) Regulations may make provision for the purposes of this paragraph prescribing circumstances in which domestic violence is, or is not, to be regarded as being inflicted on or threatened against a person.]

F106 Sch. 1 para. 8B inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 23(1), 36(1)(h)

9.  Regulations may provide— N.I.

(a) for an income-based jobseeker's allowance to which a person is entitled by virtue of regulations under paragraph 8[F107 or 8A] to be payable at a prescribed rate;

(b) for it to be payable for a prescribed period.

[F108 (c) as to whether the whole or part of any amount of a jobseeker's allowance which is payable as specified in paragraph (a) is recoverable.]

F107 1999 NI 11

F108 Sch. 1 para. 9(c) inserted (4.4.2016 for specified purposes, 2.5.2016 for specified purposes, 20.6.2016 otherwise except in relation to universal credit, 27.9.2017 in so far as not already in force) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 109(5)(a); S.R. 2016/46, art. 4(a); S.R. 2016/215, arts. 2(6)(b), 3(3); S.R. 2017/190, art. 3(1)(2)(e)

[F109 Continuity of claims and awards: persons ceasing to be a joint-claim couple N.I.

F109 1999 NI 11

9A.— (1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons ( “ex-members”) who cease to be members of a joint-claim couple. N.I.

(2) Regulations under this paragraph may, in particular, provide—

(a) for treating each or either of the ex-members as having made any claim made by the couple or, alternatively, for any such claim to lapse;

(b) for any award made in respect of the couple to be replaced by an award (a “replacement award”) in respect of each or either of the ex-members of the couple or, alternatively, for any such award to lapse.]

Continuity of claims and awards: persons again becoming a joint-claim couple N.I.

9B.—(1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons ( “ex-members”) who, having ceased to be members of a joint-claim couple, again become the members of a joint-claim couple. N.I.

(2) Regulations under this paragraph may, in particular, provide—

(a) for any claim made by the ex-members when they were previously a joint-claim couple to be revived or otherwise given effect as a claim made by the couple;

(b) for any award made in respect of the ex-members when they were previously a joint-claim couple to be restored;

(c) for any such award, or any replacement award (within the meaning of paragraph 9A) made in respect of either of them, to be replaced by an award (a “new award”) in respect of the couple.

Continuity of claims and awards: couple becoming a joint-claim couple N.I.

9C.—(1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons who become members of a joint-claim couple as a result of the [F110 couple] of which they are members becoming a joint-claim couple. N.I.

(2) Regulations under this paragraph may, in particular, provide—

(a) for any claim made by either member of the couple before the couple became a joint-claim couple to be given effect as a claim made by the couple;

(b) for any award, or any replacement award (within the meaning of paragraph 9A), made in respect of either member of the couple before the couple became a joint-claim couple to be replaced by an award (a “new award”) in respect of the couple.

F110 2004 c.33

Paragraphs 9A to 9C: supplementary N.I.

9D.—(1) Regulations may provide, in relation to any replacement award (within the meaning of paragraph 9A) or new award (within the meaning of paragraph 9B or 9C)— N.I.

(a) for the award to be of an amount determined in a prescribed manner;

(b) for entitlement to the award to be subject to compliance with prescribed requirements as to the provision of information and evidence.

(2) In paragraphs 9A to 9C and this paragraph—

• “award” means an award of a jobseeker's allowance;

• “claim” means a claim for a jobseeker's allowance.

Claims yet to be determined and suspended payments N.I.

10.— [F111 (1) In such circumstances as may be prescribed— N.I.

(a) a claimant for a jobseeker's allowance other than a joint-claim jobseeker's allowance,

(b) a joint-claim couple claiming a joint-claim jobseeker's allowance, or

(c) a member of such a couple,

may be treated as being entitled to an income-based jobseeker's allowance before his or (as the case may be) the couple's claim for the allowance has been determined.]

(2) In such circumstances as may be prescribed, an income-based jobseeker's allowance shall be[F111 payable][F111 to—

(a) a claimant of a jobseeker's allowance other than a joint-claim jobseeker's allowance,

(b) a joint-claim couple claiming a joint-claim jobseeker's allowance, or

(c) a member of such a couple,

even though payment to him or (as the case may be) the couple] of a jobseeker's allowance has been suspended by virtue of regulations underF112 section 5(1)(o) of the Administration Act.

(3) A jobseeker's allowance shall be payable by virtue of sub-paragraph (1) or (2) only if the claimant[F111 or (as the case may be) the couple or the member of the couple] has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

(4) Regulations may make provision for a jobseeker's allowance payable by virtue of sub-paragraph (1) or (2) to be—

(a) payable at a prescribed rate;

(b) payable for a prescribed period;

(c) treated as being a contribution-based jobseeker's allowance for the purposes of Article 7.

(5) Regulations may make provision—

[F113 (a) as to whether the whole or part of any amount paid by virtue of sub-paragraph (1) or (2) is recoverable;]

(b) for the whole or part of any amount paid by virtue of sub-paragraph (1) to be treated, if an award is made on the claim referred to there, as having been paid on account of the jobseeker's allowance awarded;

(c) for the whole or part of any amount paid by virtue of sub-paragraph (2) to be treated, if the suspension referred to there is lifted, as having been paid on account of the suspended allowance.

F111 1999 NI 11

F112 prosp. in pt. subst. by 1998 NI 10

F113 Sch. 1 para. 10(5)(a) substituted (4.4.2016 for specified purposes, 2.5.2016 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 109(5)(b); S.R. 2016/46, art. 4(a); S.R. 2016/215, art. 2(6)(b)

Presence in and absence from Northern Ireland N.I.

11.—(1) Regulations may provide that in prescribed circumstances a claimant who is not in Northern Ireland may nevertheless be entitled to a contribution-based jobseeker's allowance. N.I.

(2) Regulations may make provision for the purposes of this Order as to the circumstances in which a person is to be treated as being or not being in Northern Ireland.

Households N.I.

12.  Regulations may make provision for the purposes of this Order as to the circumstances in which persons are to be treated as being or not being members of the same household. N.I.

Responsibility for another person N.I.

13.  Regulations may make provision for the purposes of this Order as to the circumstances in which one person is to be treated as responsible or not responsible for another. N.I.

Relevant education N.I.

14.  Regulations may make provision for the purposes of this Order— N.I.

(a) as to what is or is not to be treated as relevant education; and

(b) as to the circumstances in which a person is or is not to be treated as receiving relevant education.

[F114 Good or just cause for acts or omission N.I.

F114 Sch. 1 para. 14B and cross-heading inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 24(1), 36(1)(i)

14B— (1) This paragraph applies to any regulations made under this Order that prescribe matters to be taken into account in determining whether a person has good cause or just cause for any act or omission (including any failure to comply with the regulations). N.I.

(2) The provision made by the regulations prescribing those matters must include provision relating to—

(a) the person's physical or mental health or condition;

(b) the availability of childcare.]

Calculation of periods N.I.

15.  Regulations may make provision for calculating periods for any purpose of this Order. N.I.

Employment on ships, etc. N.I.

16.—(1) Regulations may modify any provision of this Order in its application to any person who is, has been, or is to be— N.I.

(a) employed on board any ship, vessel, hovercraft or aircraft, or

(b) outside Northern Ireland at any prescribed time or in any prescribed circumstances,

so far as that provision relates to a contribution-based jobseeker's allowance.

(2) The regulations may in particular provide—

(a) for any such provision to apply even though it would not otherwise apply;

(b) for any such provision not to apply even though it would otherwise apply;

(c) for the taking of evidence, in a country or territory outside Northern Ireland, by a British consular official or other prescribed person;

(d) for enabling payment of the whole, or any part of a contribution-based jobseeker's allowance to be paid to such of the claimant's dependants as may be prescribed.

Additional conditions N.I.

17.  Regulations may require additional conditions to be satisfied with respect to the payment of a jobseeker's allowance to any person who is, has been, or is to be, in employment which falls within a prescribed description. N.I.

Benefits Act purposes N.I.

18.  Regulations may provide for— N.I.

(a) a jobseeker's allowance;

(b) a contribution-based jobseeker's allowance; or

(c) an income-based jobseeker's allowance,

to be treated, for prescribed purposes of the Benefits Act, as a benefit, or a benefit of a prescribed description.

[F115 Treatment of information supplied as information relating to social security N.I.

F115 Sch. 1 para. 19 and preceding cross-heading added (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 28(3), 36(1)(k)

19   Information supplied in pursuance of any provision made by or under this Order shall be taken for all purposes to be information relating to social security.] N.I.

N.I.

Schedule 2—Amendments

N.I.

Schedule 3—Repeals