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

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Jobseeker’s Allowance (Transitional Provisions) Regulations (Northern Ireland) 1996 and shall come into operation on 7th October 1996.

(2) In these Regulations—

“the Order” means the Jobseekers (Northern Ireland) Order 1995;

“benefit week”—

(a)

where the benefit is income support, has the meaning it has in the Income Support Regulations by virtue of regulation 2(1) of those Regulations(1) (interpretation);

(b)

where the benefit is unemployment benefit, means a period of 7 days ending on the day corresponding to the particular day specified in a written notice last given to the claimant by the Department for the purpose of claiming unemployment benefit;

(c)

where the benefit is a jobseeker’s allowance, means a period of 7 days ending on the day which corresponds with the particular day specified in a notice given or sent to the claimant in accordance with regulations made under Article 10(1)(a) of the Order (attendance at such place and such time as the Department may specify) except that where the Department requires attendance otherwise than at regular 2 weekly intervals, “benefit week” means a period of 7 days ending on such day as the Department may specify in a notice in writing given or sent to the claimant;

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(2);

“day of unemployment” means a day which would, for the purposes of section 25A of the Benefits Act(3) as in operation on 6th October 1996, be treated as a day of unemployment;

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(4);

“jobseeking period” has the meaning specified in regulation 2;

“period of interruption of employment” in relation to unemployment benefit has the same meaning in these Regulations as it had in the Benefits Act by virtue of section 25A of that Act as in operation on 6th October 1996;

“the relevant day” means—

(a)

in relation to income support, 6th October 1996, and

(b)

in relation to unemployment benefit—

(i)

except in a case to which sub-paragraph (ii) applies, 5th October 1996, or

(ii)

where in any particular case 6th October 1996 is a day of unemployment, that day;

“training” means training for which a training allowance is payable;

“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—

(a)

out of public funds by a government department or by or on behalf of the Department of Economic Development;

(b)

to a person for his maintenance or in respect of a member of his family, and

(c)

for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, a government department or approved by such department in relation to him or so provided or approved by or on behalf of the Department of Economic Development,

but it does not include an allowance paid by any government department to, or in respect of, a person by reason of the fact that he is following a course of full-time education, other than under provision or arrangements under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(5) or section 1(1) of the Employment and Training Act (Northern Ireland) 1950(6), or is training as a teacher;

“transitionally protected period” means the period specified in regulation 9;

“the Unemployment Benefit Regulations” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations (Northern Ireland) 1984(7).

(1)

The definition of “benefit week” was amended by regulation 2(a) of S.R. 1988 No. 318

(2)

S.R. 1987 No. 465; relevant amending regulations are S.R. 1988 No. 141, S.R. 1989 No. 398, S.R. 1991 No. 488 and S.R. 1992 Nos. 7, 83 and 453

(3)

Section 25A was inserted by paragraph 5 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

(4)

S.R. 1987 No. 459; relevant amending regulations are S.R. 1988 Nos. 146, 274, 318 and 431, S.R. 1989 Nos. 139, 249 and 365, S.R. 1990 Nos. 131, 297 and 305, S.R. 1991 Nos. 46 and 338, S.R. 1992 No. 6, S.R. 1993 No. 149, S.R. 1994 No. 65 and S.R. 1995 Nos. 67 and 367

(5)

1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

(6)

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

(7)

S.R. 1984 No. 245; relevant amending regulations are S.R. 1989 No. 437, S.R. 1990 No. 297, S.R. 1994 No. 65 and S.R. 1995 Nos. 150 and 341