The Welfare Reform (Northern Ireland) Order 2015

Article 54

SCHEDULE 7 N.I. Jobseeker's allowance in interim period: consequential amendments

The Jobseekers (Northern Ireland) Order 1995 (NI 15) N.I.

1.  The Jobseekers (Northern Ireland) Order 1995 is amended as follows.

Commencement Information

I1 Sch. 7 para. 1 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 3(1)(2)(g)

2.   [F1 In Article 2 (interpretation), in paragraph (2), before the definition of “jobseeking period” insert— N.I.

““jobseeker's direction” has the meaning given by Article 21A;”.]

Textual Amendments

F1 Sch. 7 para. 2 repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by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), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

Commencement Information

I2 Sch. 7 para. 2 in operation at 27.9.2017 by S.R. 2017/190, art. 3(1)(2)(h)

3.— [F2 (1) Article 10 (attendance etc.) is amended as follows. N.I.

(2) In paragraph (1A)(a) (as originally enacted), for “the Department, or any other Department” substitute “ an employment officer ”.

(3) In paragraph (2), for sub-paragraphs (a) to (c) substitute—

“(a) provide for entitlement to a jobseeker's allowance to cease at such time as may be determined in accordance with any such regulations if, when a person fails to comply with such regulations, that person (or, if that person is a member of a joint-claim couple, either member of the couple) does not make prescribed contact with an employment officer within a prescribed period of the failure;”]

Textual Amendments

F2 Sch. 7 para. 3 repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by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), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

Commencement Information

I3 Sch. 7 para. 3 in operation at 1.6.2016 for specified purposes by S.R. 2016/234, art. 2(2)(a)(ii)

I4 Sch. 7 para. 3 in operation at 27.9.2017 in so far as not already in operation by S.R. 2017/190, art. 3(1)(2)(h)

4.  In Articles 18(3)(b) and 19(4) for “good cause” substitute “ a good reason ”. N.I.

Commencement Information

I5 Sch. 7 para. 4 in operation at 27.9.2017 by S.R. 2017/190, art. 3(1)(2)(h)

Prospective

F3 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F3 Sch. 7 para. 5 repealed (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), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

6.   [F4 Article 22 (exemptions from Article 21) is amended as follows— N.I.

(a) in the heading, after “21” insert “ and 21A ”;

(b) in paragraph (1), for “prevent payment” substitute “ authorise reduction ”;

(c) in paragraph (2), for “21” substitute “21A” and for “(5)” substitute “ (2)(c) to (g) ”;

(d) in paragraph (3), for “21(6)(b) or (d)” substitute “21(2)(b) or (d)” and for “ just cause ” substitute “good reason”.]

Textual Amendments

F4 Sch. 7 para. 6 repealed (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), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

Commencement Information

I6 Sch. 7 para. 6 in operation at 27.9.2017 by S.R. 2017/190, art. 3(1)(2)(h)

7.  Articles 22C and 22D (sanctions for violent conduct etc. in connection with claim) are repealed. N.I.

Commencement Information

I7 Sch. 7 para. 7 in operation at 27.9.2017 by S.R. 2017/190, art. 3(1)(2)(h)

8.   [F5 In Article 24 (members of the forces), in paragraph (2), for “Article 21(6)(b)” substitute “ Article 21(2)(b) ”.] N.I.

Textual Amendments

F5 Sch. 7 para. 8 repealed (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), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

Commencement Information

I8 Sch. 7 para. 8 in operation at 27.9.2017 by S.R. 2017/190, art. 3(1)(2)(h)

9.   [F6 In Article 36 (regulations and orders), after paragraph (2) insert— N.I.

“(2A) The Statutory Rules (Northern Ireland) Order 1979 shall not apply to any order under Article 2(2) in relation to employment officers.”]

Textual Amendments

F6 Sch. 7 para. 9 repealed (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), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

Commencement Information

I9 Sch. 7 para. 9 in operation at 27.9.2017 by S.R. 2017/190, art. 3(1)(2)(h)

10.—(1)  [F7 Schedule 1 (supplementary) is amended as follows.] N.I.

(2) In paragraph 8(b), for “entered into a jobseeker's agreement” substitute “ accepted a claimant commitment ”.

(3) [F8 In paragraph 8B, in sub-paragraph (3)—

(a) for the first “entered into a jobseeker's agreement” substitute “ accepted a claimant commitment ”;

(b) for “11(10)” substitute “ 11(9) ”;

(c) for “entered into a jobseeker's agreement which is in force for” substitute “ accepted a claimant commitment during ”.]

(4) [F9 In paragraph 10, after sub-paragraph (5) insert—

“(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.”]

Textual Amendments

F7 Sch. 7 para. 10(1) repealed (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), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

F8 Sch. 7 para. 10(3) repealed (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), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

F9 Sch. 7 para. 10(4) repealed (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), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

Commencement Information

I10 Sch. 7 para. 10(1) in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 3(1)(2)(h)

I11 Sch. 7 para. 10(4) in operation at 27.9.2017 by S.R. 2017/190, art. 3(1)(2)(h)

Prospective

The Social Security (Northern Ireland) Order 1998 (NI 10) N.I.

F10 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 7 para. 11 repealed (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), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17) N.I.

12.—(1) Section 7 of the Social Security Fraud Act (Northern Ireland) 2001 (effect of offence on claim) is amended as follows.

(2) In subsection (2)—

(a) at the beginning insert “ Except in prescribed circumstances ”;

(b) in paragraph (b), for sub-paragraph (i) substitute—

“(i) is a person whose failure sanctionable under Article 21, 21A or 21B of the Jobseekers Order has given rise to a reduction under that Article; or”.

(3) Subsection (5) is repealed.

Commencement Information

I12 Sch. 7 para. 12 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(3)(a)(iv)

I13 Sch. 7 para. 12 in operation at 27.9.2017 in so far as not already in operation by S.R. 2017/190, art. 3(1)(2)(h)

Prospective

The Welfare Reform Act (Northern Ireland) 2010 (c. 13) N.I.

13.  The Welfare Reform Act (Northern Ireland) 2010 is amended as follows.

Prospective

14.—(1) Section 25 (well-being of children) is amended as follows. N.I.

(2) In subsection (1)—

(a) for “(the jobseeker's agreement)” substitute “ (as substituted by Article 50 of the Welfare Reform (Northern Ireland) Order 2015 (the claimant commitment)) ”;

(b) in the inserted paragraph (4A), for “preparing a jobseeker's agreement for a claimant” substitute “ considering whether to invite a claimant to accept a claimant commitment ”.

15.— [F11 (1) Section 26 (contracting out) is amended as follows. N.I.

(2) In subsection (2), in Article 22E inserted into the Jobseekers Order—

(a) for paragraph (2)(a) and (b) substitute—

“(a) any function under Article 10 (attendance etc);

(b) any function under Article 11 or 12 in relation to a claimant commitment;”;

(b) after paragraph (2)(d) insert—

“(e) functions under Article 21 or 21A;”;

(c) in paragraph (4)(a), “or 19A” is repealed.

(3) In subsection (3), for paragraphs (a) to (d) substitute—

“(a) Article 10(1)(a), (1A) and (2);

(b) Articles 11 and 12 (in all places);

(c) Article 18(3)(b)(ii);

(d) Articles 21 and 21A (in all places);”.]

Textual Amendments

F11 Sch. 7 para. 15 repealed (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), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

Commencement Information

I14 Sch. 7 para. 15(1) in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 3(1)(2)(h)

I15 Sch. 7 para. 15(2)(c) in operation at 27.9.2017 by S.R. 2017/190, art. 3(1)(2)(h)