The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Part V Sanctions

Prescribed period for purposes of Article 21(2) of the Order

69.  The prescribed period for the purposes of Article 21(2) of the Order (circumstances in which a jobseeker’s allowance is not payable) shall begin on and include the first day of the week following the date on which a jobseeker’s allowance is determined not to be payable to the claimant and shall be—

(a) 4 weeks, in any case in which—

(i) a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within Article 21(5) of the Order;

(ii) on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within Article 21(5) of the Order, and

(iii) the first date on which the jobseeker’s allowance was not payable to him on that previous occasion falls within the period of 12 months preceding the date of the determination mentioned in sub-paragraph (i);

(b) 2 weeks, in any other case.

Sanctions of discretionary length

70.  In determining a period under Article 21(3) of the Order (circumstances in which a jobseeker’s allowance is not payable) an adjudication officer shall take into account all the circumstances of the case and, in particular, the following circumstances—

(a) where the employment would have lasted less than 26 weeks, the length of time which it was likely to have lasted;

(b) in a case falling within Article 21(6)(a) of the Order in which the employer has indicated an intention to re-engage the claimant, the date when he is to be re-engaged;

(c) where the claimant has left his employment voluntarily and the hours of work in that employment were 16 hours or less a week, the rate of pay and hours of work in the employment which he left, and

(d) where the claimant left his employment voluntarily or has neglected to avail himself of a reasonable opportunity of employment, any mitigating circumstances of physical or mental stress connected with his employment.

Voluntary redundancy

71.—(1) A claimant is to be treated as not having left his employment voluntarily—

(a) where he has been dismissed by his employer by reason of redundancy after volunteering or agreeing to be so dismissed, or

(b) where he has left his employment on a date agreed with his employer without being dismissed, in pursuance of an agreement relating to voluntary redundancy.

(2) In paragraph (1) “redundancy” means one of the facts set out in section 11(2) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965(1).

Good cause for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Order

72.—(1) This regulation shall have effect for the purposes of Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable).

(2) Subject to paragraph (3), in determining whether a person has good cause for any act or omission for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Order the matters which are to be taken into account shall include the following—

(a) any restrictions on availability which apply in the claimant’s case in accordance with regulations 6, 7, 8 and 13 (employment of at least 40 hours per week, restriction of hours for which a person is available, other restrictions and additional restrictions) having regard to the extent of any disparity between those restrictions and the requirements of the vacancy in question;

(b) any condition or personal circumstance of that person which indicates that a particular employment or carrying out the jobseeker’s direction would be likely to or did—

(i) cause significant harm to his health, or

(ii) subject him to excessive physical or mental stress;

(c) the fact that the failure to undertake a particular employment or to carry out the jobseeker’s direction resulted from a religious or conscientious objection sincerely held;

(d) any caring responsibilities which would, or did, make it unreasonable for the person to undertake a particular employment or carry out the jobseeker’s direction;

(e) the time it took, or would normally take, for the person to travel from his home to the place of the employment or to a place mentioned in the jobseeker’s direction and back to his home by a route and means appropriate to his circumstances and to the employment or to the carrying out of the jobseeker’s direction;

(f) the expenses which were, or would be, necessarily and exclusively incurred by the person for the purposes of the employment or of carrying out the jobseeker’s direction, together with any expenses of travelling to and from the place of the employment or a place mentioned in the jobseeker’s direction by a route and means appropriate to his circumstances, if those expenses did, or would, represent an unreasonably high proportion of—

(i) in the case of employment, the remuneration which it is reasonable to expect that he would derive from that employment, or

(ii) in any other case, the income which he received, or would receive, while carrying out the jobseeker’s direction.

(3) For the purposes of paragraph (2)(f), in considering whether expenses did, or would, represent an unreasonably high proportion of remuneration or income, the principle shall apply that the greater the level of remuneration or income the higher the proportion thereof which it is reasonable should be represented by expenses.

(4) Where a person has undergone training for a particular kind of employment for a period of not less than 2 months, he is to be regarded for a period of 4 weeks beginning with and including the day on which the training ends as having good cause for any act or omission for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Order, for—

(a) refusing or failing to apply for, or refusing to accept, employment of any other kind when offered to him;

(b) neglecting to avail himself of a reasonable opportunity of employment of any other kind;

(c) refusing or failing to carry out a jobseeker’s direction given to him with a view to assisting him to find employment of any other kind.

(5) A person is to be regarded as having good cause for any act or omission for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Order if, and to the extent that, the reason for that act or omission—

(a) results from restrictions on availability which apply in the claimant’s case for the period permitted in accordance with regulations 16 and 17 (further circumstances in which a person is to be treated as available and laid off and short-time workers);

(b) results from the fact that the claimant is, in accordance with regulation 5(1) to (3) and (5), excepted from any requirement to be able to take up employment immediately, or is, in accordance with regulation 5(4), excepted from any requirement to be able to take up employment at a time when he is not available;

(c) in a case falling within Article 21(6)(c) or (d) of the Order, results from the fact that—

(i) where it has been agreed that the claimant may restrict his hours of availability to less than 24 hours, the employment in question is for less than 16 hours, or

(ii) in a case not falling within head (i), the employment is for less than 24 hours.

(6) Subject to paragraphs (8) and (9), a person is not to be regarded as having good cause for any act or omission for the purposes of Article 21(5)(a) and (6)(c) and (d) if, and to the extent that, the reason for that act or omission relates to—

(a) subject to paragraph (7), his income or outgoings or the income or outgoings of any other member of his household, or the income or outgoings which he or any other member of his household would have if he were to become employed or to carry out the jobseeker’s direction, or did have whilst carrying out the jobseeker’s direction, but for the purposes of this sub-paragraph, a person’s outgoings shall not include any expenses taken into account under paragraph (2)(f);

(b) the time it took, or would normally take, for the person to travel from his home to the place of the employment, or a place mentioned in the jobseeker’s direction, and back to his home where that time was or is normally less than one hour either way by a route and means appropriate to his circumstances and to the employment, or to the carrying out of the jobseeker’s direction, unless, in view of the health of the person or any caring responsibilities of his, that time was or is unreasonable.

(7) Paragraph (6)(a) shall not apply—

(a) where the claimant has agreed a restriction on the level of remuneration he was prepared to accept under regulations 13(3) and 16 (additional restrictions on availability for certain groups and further circumstances in which a person is to be treated as available), or

(b) the employment is remunerated only by commission.

(8) A person shall be regarded for the purposes of Article 21(6)(d) of the Order as having good cause for neglecting to avail himself of an opportunity of employment unless the situation is a qualifying former employment of that person.

(9) For the purposes of paragraph (8) a situation is a qualifying former employment of any person if—

(a) it is employment with an employer for whom he has previously worked or with an employer who has succeeded that employer;

(b) not more than 12 months have elapsed between—

(i) the date when he last worked for that employer, and

(ii) the date when the question under Article 21(6)(d) of the Order arose or, as the case may be, arises, and

(c) the terms and conditions of employment in the situation are not less favourable than those in the situation which he held when he last worked for that employer.

Good cause for the purposes of Article 21(5)(b) of the Order

73.—(1) This regulation shall have effect for the purposes of Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable).

(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(5)(b) of the Order, a person is to be regarded as having good cause for any act or omission for those purposes if, and to the extent that, the act or omission is attributable to any of the following circumstances—

(a) the claimant in question was suffering from some disease or bodily or mental disablement on account of which—

(i) he was not able to attend the relevant training scheme in question;

(ii) his attendance would have put at risk his health, or

(iii) his attendance would have put at risk the health of other persons;

(b) the claimant’s failure to participate in the training scheme resulted from a religious or conscientious objection sincerely held;

(c) the time it took, or would normally have taken, for the claimant to travel from his home to the training scheme and back to his home by a route and means appropriate to his circumstances and to the scheme exceeded, or would normally have exceeded, one hour in either direction or, where no appropriate training scheme is available within one hour of his home, such greater time as is necessary in the particular circumstances of the nearest appropriate scheme;

(d) the claimant had caring responsibilities and—

(i) no close relative of the person he cared for and no other member of that person’s household was available to care for him, and

(ii) in the circumstances of the case it was not practical for the claimant to make other arrangements for the care of that person;

(e) the claimant was attending court as a party to any proceedings, or as a witness or as a juror;

(f) the claimant was arranging or attending the funeral of a close relative or close friend;

(g) the claimant was engaged in—

(i) the manning or launching of a lifeboat, or

(ii) the performance of duty as a part-time member of a fire brigade;

(h) the claimant was required to deal with some domestic emergency, or

(i) the claimant was engaged during an emergency in duties for the benefit of others.

(3) For the purposes of paragraph (2)(i)—

(a) a person is engaged in duties for the benefit of others while—

(i) providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired;

(ii) protecting property of substantial value from imminent risk of serious damage or destruction, or

(iii) assisting in measures being taken to prevent a serious threat to the health of the people,

as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;

(b) events which may give rise to an emergency include—

(i) a fire, a flood or an explosion;

(ii) a natural catastrophe;

(iii) a railway or other transport accident;

(iv) a cave or mountain accident;

(v) an accident at sea;

(vi) a person being reported missing and the organisation of a search for that person.

Person of a prescribed description for the purpose of Article 22(3) of the Order

74.—(1) Subject to paragraph (2), a person shall be of a prescribed description for the purposes of Article 22(3) of the Order (exemption from non-payment of jobseeker’s allowance) and shall not fall within Article 21(6)(b) or (d) of the Order (circumstances in which a jobseeker’s allowance is not payable) if he has neither worked in employed earner’s employment, nor has been a self-employed earner, nor been a full-time student nor been in relevant education, during the period of 13 weeks preceding the day of the commencement of the employment.

(2) For the purposes of paragraph (1), a person shall not be regarded as having—

(a) worked in employed earner’s employment;

(b) been a self-employed earner, or

(c) been a full-time student or been in relevant education,

by reason only of any engagement in an activity referred to in paragraph (3) or by his attendance for a period of up to 14 days at a work camp.

(3) The activities referred to in this paragraph are—

(a) the manning or launching of a lifeboat, or

(b) the performance of duty as a part-time member of a fire brigade.

(4) A trial period in Article 22(3) of the Order means a period of 8 weeks beginning with the commencement of the 5th week of the employment in question and ending at the end of the 12th week of that employment and for the purposes of this definition in determining the time at which the 5th week of the employment in question commences or at which the 12th week of that employment ends, any week in which a person has not worked in the employment for at least 16 hours shall be disregarded.

Interpretation

75.—(1) For the purposes of Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable) and of this Part “a training scheme” means a scheme for 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).

(2) In Article 21 of the Order, except paragraph (2), and in this Part, except regulation 69 (prescribed period), “week” means any period of 7 consecutive days.

(3) In Article 21(2) of the Order and regulation 69, “week” means benefit week.

(1)

1965 c. 19 (N.I.)