The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Persons treated as not engaged in remunerative work

53.  A person shall be treated as not engaged in remunerative work in so far as—

(a) he is engaged by a charity or a voluntary organisation or is a volunteer where the only payment received by him or due to be paid to him is a payment which is to be disregarded under regulation 103(2) and paragraph 2 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings);

(b) he is engaged on a scheme for which a training allowance is being paid;

(c) he is in employment and—

(i) lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either

(ii) his, or his partner's, applicable amount falls to be calculated in accordance with Schedule 3 (applicable amounts of persons in residential care or nursing homes), or, as the case may be, paragraphs 5 to 9, or 15 to 17 of Schedule 4 (applicable amounts in special cases), or

(iii) he or his partner satisfies the conditions specified in paragraph 3(2) of Part I of Schedule 1 (conditions of entitlement to a residential allowance);

(d) he is engaged in employment as—

(i) a part-time member of a fire brigade maintained in pursuance of the Fire Services (Northern Ireland) Order 1984(1);

(ii) an auxiliary coastguard in respect of coastal rescue activities;

(iii) a person engaged part-time in the manning or launching of a lifeboat;

(iv) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979(2);

(v) a person in the army whose service is restricted to part-time service in Northern Ireland pursuant to section 1 of the Army Act 1992, regulations made under section 2 of the Armed Forces Act 1966, or the terms of his commission;

(vi) a part-time member of the Royal Ulster Constabulary Reserve appointed under section 9(1) of the Police Act (Northern Ireland) 1970(3);

(e) he is performing his duties as a councillor, and for this purpose “councillor” has the same meaning as in section 167F(2) of the Benefits Act(4);

(f) he is engaged in caring for a person who is accommodated with him by virtue of arrangements made under any of the provisions referred to in paragraph 27 or 28 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings), and is in receipt of any payment specified in that paragraph;

(g) he is—

(i) the partner of the claimant;

(ii) involved in a trade dispute, and

(iii) not a person to whom regulation 55(2) (short periods of sickness) applies,

and had he claimed a jobseeker’s allowance, Article 16 of the Order (trade disputes) would have applied in his case;

(h) he is mentally or physically disabled, and by reason of that disability—

(i) his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area, or

(ii) his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area.

(1)

S.I. 1984/1821 (N.I. 11)

(2)

S.I. 1979/591; Part I of Schedule 3 substituted by regulation 6 of S.I. 1980/1975 and amended by regulation 4 of S.I. 1994/1553

(3)

1970 c. 9 (N.I.)

(4)

Section 167F was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))