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The Welfare Reform (Northern Ireland) Order 2015

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Entitlement to work: jobseeker’s allowance

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

(2) In Article 3 (jobseeker’s allowance), in paragraph (2), before sub-paragraph (a) insert—

(za)is entitled to be in employment in the United Kingdom;.

(3) In that Article, after paragraph (3) insert—

(3A) For the purposes of paragraph (2)(za), a person is entitled to be in employment in the United Kingdom if, and only if—

(a)the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b)the person has been granted such leave and—

(i)the leave is not invalid,

(ii)the leave has not for any reason ceased to have effect, and

(iii)the leave is not subject to a condition preventing the person from accepting any employment.

(4) In Schedule 1 (supplementary provisions), after paragraph 8 insert—

8ZA.  Regulations may prescribe circumstances in which a person may be entitled to a jobseeker’s allowance without being entitled to be in employment in the United Kingdom.

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