The Jobseekers (Northern Ireland) Order 1995

Claims yet to be determined and suspended payments N.I.

10.— [F1 [F2 (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[F2 payable][F2 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 underF3 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[F2 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—

[F4 (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.

[F5 (6) References in sub-paragraphs (1) and (2) to an income-based jobseeker's allowance include a payment by way of such an allowance under Article 21C.]]

F1 Sch. 1 paras. 9-10 repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 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); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

F2 1999 NI 11

F3 prosp. in pt. subst. by 1998 NI 10

F4 Sch. 1 para. 10(5)(a) substituted (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)(b); 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)

F5 Sch. 1 para. 10(6) inserted (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 7 para. 10(4); S.R. 2017/190, art. 3(1)(2)(h)