The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Part IV Young Persons

Interpretation of Part IV

57.—(1) In this Part—

“child benefit extension period” means—

(a)

in the case of a person who ceases to be treated as a child by virtue of section 138(1)(a) of the Benefits Act (meaning of “child”) or regulation 7 of the Child Benefit Regulations (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child)—

(i)

on or after the first Monday in September, but before the first Monday in January of the following year, the period ending with the last day of the week which falls immediately before the week which includes the first Monday in January in that year;

(ii)

on or after the first Monday in January but before the Monday following Easter Monday in that year, the period ending with the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year;

(iii)

at any other time of the year, the period ending with the last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year;

(b)

in the case of a person who was not treated as a child by virtue of section 138(1)(a) of the Benefits Act immediately before he was 16 and who has not been treated as a child by virtue of regulation 7 of the Child Benefit Regulations (interruption of full-time education), the period ending with the date determined in accordance with head (i) as if he had ceased full-time education on the first date on which education ceased to be compulsory for a person of his age in Northern Ireland,

and in this paragraph “week” means a period of 7 days beginning with and including a Monday and “year” means a period of 12 months beginning on and including 1st January;

“chronically sick or mentally or physically disabled” has the same meaning as in regulation 13(3)(b) of the Income Support Regulations (circumstances in which persons in relevant education may be entitled to income support);

“full-time education” has the same meaning as in regulation 1 of the Child Benefit Regulations;

“suitable training” means training which is suitable for that young person in vocationally relevant respects, namely his personal capacity, aptitude, his preference, the preference of the training provider, the level of approved qualification aimed at, duration of the training, proximity and prompt availability of the training;

“training” in Articles 5, 18 and 19 of the Order and in this Part except in regulation 65 read with Article 9 of the Order and except in the phrase “suitable training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in Northern Ireland directly or indirectly by a Training Organisation pursuant to its arrangement with the Department of Economic Development whether that agreement is known as an Operating Agreement or by any other name;

“treatment” means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;

“young person” means a person who has reached the age of 16 but not the age of 18 and who does not satisfy the conditions in Article 4 of the Order.

(2) A young person falls within this paragraph if he is—

(a) a member of a married couple where the other member of that couple—

(i) has reached the age of 18;

(ii) is a young person who has registered for employment and training in accordance with regulation 62, or

(iii) is a young person to whom paragraph (4) applies;

(b) a person who has no parent nor any person acting in the place of his parents;

(c) a person who—

(i) is not living with his parents nor any person acting in the place of his parents;

(ii) immediately before he attained the age of 16 was—

(aa) being looked after by the Department pursuant to a relevant enactment which placed him with some person other than a close relative of his, or

(bb) in custody in any institution to which the Prison (Northern Ireland) Act 1953(1) applies;

(d) a person who is in accommodation which is other than his parental home and which is other than the home of a person acting in the place of his parents, who entered that accommodation—

(i) as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or the Department;

(ii) in order to avoid physical or sexual abuse, or

(iii) because of a mental or physical handicap or illness and he needs such accommodation because of his handicap or illness;

(e) a person who is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is—

(i) chronically sick or mentally or physically disabled;

(ii) detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or

(iii) prohibited from entering or re-entering Northern Ireland;

(f) a person who of necessity has to live away from his parents and any person acting in the place of his parents because—

(i) he is estranged from his parents and that person;

(ii) he is in physical or moral danger, or

(iii) there is a serious risk to his physical or mental health.

(3) In this regulation any reference to a person acting in the place of a person’s parents includes a reference to the Department, any other government department or voluntary organisation where the person is in their care under a relevant enactment, or to a person with whom the person is boarded out by the Department or voluntary organisation whether or not any payment is made by them.

(4) This paragraph applies to—

(a) a person who falls under any of the following paragraphs of Schedule 1B to the Income Support Regulations(2)—

• paragraph 1 (lone parents)

• paragraph 2 (single person looking after foster children)

• paragraph 3 (persons temporarily looking after another person)

• paragraph 4 (persons caring for another person)

• paragraph 10 (disabled students)

• paragraph 11

• paragraph 12 (deaf students)

• paragraph 13 (blind persons)

• paragraph 14 (pregnancy)

• paragraph 15 (persons in education)

• paragraph 18 (refugees)

• paragraph 21 (persons from abroad)

• paragraph 23 (member of couple looking after children while other member temporarily abroad)

• paragraph 28 (persons in receipt of a training allowance);

(b) a person who is a member of a couple and is treated as responsible for a child who is a member of his household;

(c) a person who is laid off or kept on short-time, who is available for employment in accordance with Article 8 of the Order and Chapter II of Part II read with regulation 64 and who has not been laid off or kept on short-time for more than 13 weeks;

(d) a person who is temporarily absent from Northern Ireland because he is taking a member of his family who is a child or young person abroad for treatment, and who is treated as being in Northern Ireland in accordance with regulation 50(1)(b) (persons temporarily absent from Northern Ireland) or whose entitlement to income support is to continue in accordance with regulation 4(3) of the Income Support Regulations and who is not claiming a jobseeker’s allowance or income support;

(e) a person who is incapable of work and training by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is unlikely to end within 12 months because of the severity of that disease or disablement.

Young persons to whom Article 5(1)(f)(iii) of the Order applies

58.  For the period specified in relation to him, a young person to whom regulation 59, 60 or 61 (young persons in the child benefit extension period, at the end of the period, or other young persons in prescribed circumstances) applies shall be regarded as a person within prescribed circumstances for the purposes of Article 5(1)(f)(iii) of the Order (conditions of entitlement for certain persons under the age of 18).

Young persons in the child benefit extension period

59.—(1) For the period specified in paragraph (2), this regulation applies to a young person who falls within regulation 57(2) (interpretation).

(2) The period in the case of any person falling within paragraph (1) is the child benefit extension period, except where regulation 61(1)(d) or (e) (other young persons in prescribed circumstances) applies.

Young persons at the end of the child benefit extension period

60.—(1) For the period specified in relation to him in paragraph (2), this regulation applies to a young person who is—

(a) a person who has ceased to live in accommodation provided for him by a Health and Social Services Board or an HSS trust under the Children (Northern Ireland) Order 1995(3) and is of necessity living away from his parents and any person acting in place of his parents;

(b) a person who has been discharged from any institution to which the Treatment of Offenders Act (Northern Ireland) 1968(4) applies after the child benefit extension period and who is a person falling within regulation 57(2) (interpretation).

(2) Except where regulation 61(1)(d) or (e) (other young persons in prescribed circumstances) applies—

(a) the period in the case of a person falling within paragraph (1)(a) is the period which begins on and includes the day on which that paragraph first applies to that person and ends on the day before the day on which that person attains the age of 18 or the day at the end of a period of 8 weeks immediately following the day on which paragraph (1)(a) first had effect in relation to him, whichever is the earlier and this period may include any week in which regulation 7 of the Child Benefit Regulations (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child) also applies to that person;

(b) the period in the case of any person falling within paragraph (1)(b) is the period beginning on and including the day after he was discharged, and ends on the last day of the period of 8 weeks beginning with and including the date on which the period began or on the day before the date on which that person attains the age of 18, whichever first occurs.

(3) In this regulation, “week” means any period of 7 consecutive days.

Other young persons in prescribed circumstances

61.—(1) For the period specified in relation to him in paragraph (2), this regulation applies to a young person—

(a) who is a person who is laid off or kept on short-time and is available for employment in accordance with Article 8 of the Order and Chapter II of Part II read with regulation 64 (availability for employment);

(b) who is a member of a couple and is treated as responsible for a child who is a member of his household;

(c) who falls within a prescribed category of persons for the purposes of section 123(1)(e) of the Benefits Act(5) and who is not claiming income support;

(d) to whom Article 5(1)(f)(ii) of the Order does not apply, who is a person falling within regulation 57(2) or 60(1)(a) or (b) (interpretation, or young persons at the end of the child benefit extension period) or sub-paragraph (b) or (c) and who is unable to register with the Department of Economic Development because of an emergency affecting the Department of Economic Development and registers with the Department in accordance with regulation 62(2) (registration);

(e) to whom Article 5(1)(f)(ii) of the Order does not apply, who is a person falling within regulation 57(2) or 60(1)(a) or (b) or sub-paragraph (b) or (c) and who would suffer hardship because of the extra time it would take him to register with the Department of Economic Development and registers with the Department in accordance with regulation 62(3);

(f) who has accepted a firm offer of enlistment by one of the armed forces with a starting date not more than 8 weeks after the offer was made who was not in employment or training at the time of that offer and whose jobseeker’s allowance has never been reduced in accordance with regulation 63 (reduced amounts under Article 19 of the Order) or Article 21(5)(b) or (c) or (6)(c) or (d) of the Order read with regulation 68 (reduced amount of allowance) or rendered not payable in accordance with Article 21(6)(a) or (b) of the Order read with Part V (sanctions).

(2) (a) The period in the case of any person falling within paragraph (1)(a) is the period starting from and including the date on which he was laid off or first kept on short-time and ending on the date on which he ceases to be laid off or kept on short-time or the day before the day he attains the age of 18 or at the expiry of the 13 week period starting with and including the date of the lay off, or date he was first kept on short-time, whichever first occurs;

(b) except where paragraph (1)(d) or (e) applies, the period in the case of any person falling within paragraph (1)(b) or (c) is the period until the day before that person attains the age of 18 or until paragraph (1)(b) or (c) ceases to apply, whichever first occurs;

(c) the period in the case of any person falling within paragraph (1)(d) is the period starting from and including the date of registration with the Department and ending on the day on which the person is next due to attend in accordance with regulation 23 or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;

(d) the period in the case of any person falling within paragraph (1)(e) is the period from and including the date of registration with the Department and ending 5 days after that date or on the day after the day on which he registered with the Department of Economic Development, or on the date on which the period calculated in accordance with regulation 59(2) (young persons in the child benefit extension period) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;

(e) the period in the case of any person falling within paragraph (1)(f) is the period from and including the date of claim and ending with the day before the day on which he is due to enlist or the day before he attains the age of 18, whichever first occurs.

(3) In this regulation “week” means a period of 7 consecutive days.

Registration

62.—(1) Except in the circumstances set out in paragraphs (2) and (3) a young person to whom Article 5(1)(f)(ii) or (iii) of the Order applies other than one falling within regulation 61(1)(a) or (f) (other young persons in prescribed circumstances) must register with the Department of Economic Development for both employment and training.

(2) A young person who is unable to register with the Department of Economic Development because of an emergency affecting the Department of Economic Development such as a strike or fire must register with the Department for both employment and training.

(3) A young person who would suffer hardship because of the extra time it would take him to register with the Department of Economic Development must register with the Department for both employment and training.

Reduced payments under Article 19 of the Order

63.—(1) Except as provided in paragraph (3), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reduced by a sum equal to 40 per cent. of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1 of Schedule 1 for the period set out in paragraph (2) if—

(a) he 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 of the Order because he had failed to pursue an opportunity of obtaining training or rejected an offer of training;

(b) his allowance has at any time in the past been reduced in accordance with this regulation or in accordance with regulation 68 (reduced amount of allowance) because he has done an act or omission falling within Article 21(5)(b) or (c) of the Order or rendered not payable in accordance with Article 21(6)(a) or (b) of the Order read with Part V (sanctions) and he has—

(i) failed to pursue an opportunity of obtaining training without showing good cause for doing so;

(ii) rejected an offer of training without showing good cause for doing so, or

(iii) failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure;

(c) he has—

(i) done an act or omission falling within Article 18(3)(b)(i) or (ii) of the Order and has not shown good cause for doing so or done an act or omission falling within Article 21(5)(b)(i), (ii) or (iv) of the Order without good cause or done an act or omission falling within Article 21(5)(b)(i), (ii) or (iv) of the Order for which he was regarded as having good cause in accordance with regulation 67(1) (sanctions), and

(ii) after that act or omission failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure,

and at the time he did the act or omission falling within head (i) he was a new jobseeker;

(d) he has—

(i) failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure or done an act or omission falling within Article 21(5)(b)(iii) of the Order without good cause or done an act or omission falling within Article 21(5)(b)(iii) of the Order for which he was regarded as having good cause in accordance with regulation 67(1), and

(ii) after that failure he has failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure and on the day before the day he first attended the course referred to in head (i) he was a new jobseeker;

(e) he has failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure and on the day before he first attended the course he was a new jobseeker, or

(f) he has failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure and he lost his place on the course through his misconduct.

(2) The period shall start with and include the date on which the first severe hardship direction is made under Article 18 of the Order after the act referred to in paragraph (1)(a), (b), (c), (d), (e) or (f) have taken place and shall end 14 days later.

(3) In the case of a young person who is pregnant or seriously ill who does an act falling within paragraph (1)(a) to (f), the reduction shall be 20 per cent. of the amount applicable in his case by way of a personal allowance.

(4) For the purposes of this regulation, “new jobseeker” means a young person who has not since first leaving full-time education been employed or self-employed for 16 or more hours per week or completed a course of training or failed to complete a course of training and no certificate has been issued to him to show good cause for that failure under Article 19(4) of the Order or done an act or omission falling within Article 21(5)(b)(iii) without good cause or done an act or omission falling within Article 21(5)(c) of the Order.

(5) A reduction under paragraph (1) or (3) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2·5p but not of 5p, to the next lower multiple of 5p.

Availability for employment

64.—(1) A young person is required to be available for employment in accordance with Article 8 of the Order and Chapter II of Part II except as provided in paragraphs (2) and (3).

(2) A young person whose jobseeker’s allowance has not been reduced in accordance with regulation 63 (reduced payments under Article 19 of the Order) or in accordance with regulation 68 (reduced amount of allowance) because he has done an act or omission falling within Article 21(5)(b) or (c) or (6)(c) or (d) of the Order or rendered not payable in accordance with Article 21(6)(a) or (b) of the Order read with Part V (sanctions) and who does not fall within regulation 61(1)(a) or (f) (other persons in prescribed circumstances) may restrict his availability for employment to employment where suitable training is provided by the employer.

(3) A young person who places restrictions on the nature of employment for which he is available as permitted by paragraph (2) does not have to show that he has reasonable prospects of securing employment notwithstanding those restrictions.

Active seeking

65.—(1) Subject to paragraphs (2) to (6), Article 9 of the Order and Chapter III of Part II shall have effect in relation to a young person as if “employment” included “training”.

(2) Subject to paragraphs (4) and (5), in order to have the best prospects of securing employment or training a young person can be expected to have to take more than one step on one occasion in any week unless taking one step on one occasion is all that it is reasonable for that person to do in that week, and unless it is reasonable for him to take only one step on one occasion, he can be expected to have to take at least one step to seek training and one step to seek employment in that week.

(3) Subject to paragraph (4), steps which it is reasonable for a young person to be expected to have to take include, in addition to those set out in regulation 18(2) (steps to be taken by persons actively seeking employment)—

(a) seeking training, and

(b) seeking full-time education.

(4) Paragraphs (1), (2) and (3) do not apply to a young person falling within regulation 61(1)(a) or (f) (other young persons in prescribed circumstances).

(5) Paragraphs (1) and (2) do not apply to a young person who has had his jobseeker’s allowance reduced in accordance with regulation 63 (reduced payments under Article 19 of the Order) or regulation 68 (reduced amount of allowance) because he has done an act or omission falling within Article 21(5)(b) or (c) or (6)(c) or (d) of the Order or rendered not payable in accordance with Article 21(6)(a) or (b) read with Part V (sanctions) but paragraph (3) does apply to such a young person.

(6) “Training” in Article 9 of the Order and in this regulation means suitable training.

The Jobseeker’s Agreement

66.—(1) In a jobseeker’s agreement with a young person, other than one falling within regulation 61(1)(a) or (f) (other young persons in prescribed circumstances), the following information is required in addition to that prescribed in Chapter V of Part II: a broad description of the circumstances in which the amount of the person’s benefit may be reduced in accordance with Article 19 of the Order and regulation 63 (reduced payments under Article 19 of the Order), or may be rendered not payable in accordance with Article 21 of the Order read with Part V (sanctions) or may be payable at a reduced rate in accordance with Articles 21 and 22 of the Order and regulation 68 (reduced amount of allowance).

(2) A young person is to be treated as having entered into a jobseeker’s agreement and as having satisfied the condition mentioned in Article 3(2)(b) of the Order as long as the circumstances set out in regulation 62(2) or (3) apply.

Sanctions

67.—(1) Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of Article 21(5)(b) of the Order, and in addition to the circumstances listed in regulation 73, a young person is to be regarded as having good cause for any act or omission for the purposes of Article 21(5)(b) of the Order where—

(a) this is the first occasion on which he has done an act or omission falling within Article 21(5)(b) of the Order and he has not while claiming a jobseeker’s allowance failed to pursue an opportunity of obtaining training without good cause or rejected an offer of training without good cause or failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that training, and

(b) at the time he did the act or omission falling within Article 21(5)(b)(i), (ii) or (iv) of the Order he was not a new jobseeker or, in the case of an act or omission falling within Article 21(5)(b)(iii) of the Order, at the time he first attended the scheme or programme he was not a new jobseeker.

(2) Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of Article 21(6)(c) or (d) of the Order, a young person is to be regarded as having good cause for any act or omission for the purposes of Article 21(6)(c) or (d) of the Order where the employer did not offer suitable training unless he falls within regulation 61(1)(a) or (f) (other young persons in prescribed circumstances) or his jobseeker’s allowance has been reduced in accordance with regulation 63 (reduced payments under Article 19 of the Order) or in accordance with regulation 68 (reduced amount of allowance) because he has done an act or omission falling within Article 21(5)(b) or (c) or (6)(c) or (d) of the Order or rendered not payable in accordance with Article 21(6)(a) or (b) of the Order read with Part V (sanctions).

(3) For the purposes of this regulation, “new jobseeker” means a young person who has not since first leaving full-time education been employed or self-employed for 16 or more hours per week or completed a course of training or failed to complete a course of training and no certificate has been issued to him to show good cause for that failure under Article 19(4) of the Order or done an act or omission falling within Article 21(5)(b)(iii) of the Order without good cause or done an act or omission falling within Article 21(5)(c) of the Order.

Reduced amount of allowance

68.—(1) Subject to paragraphs (2) and (4), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reduced by a sum equal to 40 per cent. of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1 of Schedule 1 for a period of 2 weeks from the beginning of the first week after the adjudication officer’s decision where the young person has done any act or omission falling within Article 21(5) or (6)(c) or (d) of the Order, unless the young person reaches the age of 18 before the 2 week period expires, in which case the allowance shall be payable at the full rate applicable in his case from and including the date he reaches the age of 18.

(2) Subject to paragraph (4), in a case where the young person or any member of his family is pregnant or seriously ill the amount of an income-based jobseeker’s allowance which would otherwise be payable to the young person shall be reduced by a sum equal to 20 per cent. of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1 of Schedule 1 for a period of 2 weeks from the beginning of the first week after the adjudication officer’s decision where the young person has done any act or omission falling within Article 21(5) or (6)(c) or (d) of the Order, unless the young person reaches the age of 18 before that 2 week period expires, in which case the allowance shall be payable at the full rate applicable in his case from and including the date he reaches the age of 18.

(3) A reduction under paragraph (1) or (2) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2·5p but not of 5p, to the next lower multiple of 5p.

(4) If a young person’s claim for an income-based jobseeker’s allowance is terminated before the expiry of the period determined in accordance with paragraphs (1) and (2), and he makes a fresh claim for the allowance, it shall be payable to him at the reduced rate determined in accordance with paragraph (1) or (2) for the balance of the time remaining of that 2 weeks, unless the young person reaches the age of 18 before that 2 week period expires, in which case the allowance shall be payable at the full rate applicable in his case from and including the date he reaches the age of 18.

(5) An income-based jobseeker’s allowance shall be payable to a young person at the full rate applicable in his case after the expiry of the 2 week period referred to in paragraphs (1) and (2).

(1)

1953 c. 18 (N.I.)

(2)

Schedule 1B is inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199

(3)

S.I. 1995/755 (N.I. 2)

(4)

1968 c. 29 (N.I.)

(5)

Section 123(1)(e) was inserted by paragraph 13(5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))