The Jobseeker’s Allowance (Transitional Provisions) Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which are made pursuant to Article 39 of the Jobseekers (Northern Ireland) Order 1995 (“the Order”) provide for continuity between, on the one hand, unemployment benefit and income support for those who are required to be available for and actively seeking employment and, on the other, a jobseeker’s allowance.

Regulation 1 contains provisions relating to citation, commencement and the interpretation of expressions used in the Regulations.

Regulation 2 contains an extended definition of the term “jobseeking period” and regulation 3 identifies certain other periods (referred to as “linked periods”) which are taken into account in determining whether a jobseeking period is continuing.

The Regulations also contain provisions—

(a) for awards of income support made to those required to be available for and actively seeking employment to be terminated and replaced by awards of a jobseeker’s allowance (regulations 4 and 6);

(b) for continuity between unemployment benefit and a jobseeker’s allowance (regulations 5 and 6);

(c) setting out the conditions a claimant needs to satisfy for an award of a jobseeker’s allowance arising under these Regulations to continue (regulations 7 and 8);

(d) for transitional protection to be given for a limited period to persons formerly entitled to unemployment benefit or income support (regulations 9 and 10).

• Regulations 11 to 16 provide for the same rules (“the old rules”) which applied to the former unemployment benefit and to income support to apply to some claimants whose entitlement to a jobseeker’s allowance arises in accordance with these Regulations. The old rules apply to the calculation of earnings, disqualification for benefit and students.

• Regulation 17 enables claims for a jobseeker’s allowance to be treated also as claims for the former unemployment benefit or for income support or for both.

• Articles 36(2) and 39 of the Order, the enabling provisions under which these Regulations are made, are brought into operation on 5th February 1996 by virtue of the Jobseekers (1995 Order) (Commencement No. 1) Order (Northern Ireland) 1996 (S.R. 1996 No. 26 (C. 3)). Since these Regulations are made before the end of a period of 6 months from the commencement of the said Articles, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from reference to the Social Security Advisory Committee.