The Jobseekers (Northern Ireland) Order 1995 No. 2705 (NI. 15)

Part IIN.I.The Jobseeker's Allowance

Persons under 18N.I.

Severe hardshipN.I.

18.—[F1(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;

F2(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.

F2(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.]

F1Arts. 17-19 repealed (27.9.2017, 15.11.2017, 13.12.2017, 17.1.2018, 16.5.2018 and further specified dates for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5)

F2prosp. in pt. subst. by 1998 NI 10

Reduced paymentsN.I.

19.—[F1(1) Regulations may provide for the amount of an income-based jobseeker's allowance[F3 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.

[F3(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)F4either 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;

F4(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.

F4(4) Where a young person who has failed to complete a course of training—

(a)claims that there was [F5a good reason] 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 [F5a good reason] for the failure, issue a certificate to that effect and give a copy of it to the young person.

F4(5) In this Article “young person” means a person who has reached the age of 16 but not the age of 18.]

F31999 NI 11

F4prosp. in pt. subst. by 1998 NI 10

F5Words in art. 19(4) substituted (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 7 para. 4; S.R. 2017/190, art. 3(1)(2)(h)

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