The Social Security (Credits and Contributions) (Jobseeker’s Allowance Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 1996

Amendment of the Social Security (Contributions) Regulations

3.—(1) The Social Security (Contributions) Regulations (Northern Ireland) 1979(1) shall be amended in accordance with paragraphs (2) to (6) of this regulation.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the 1986 Order”(2) there shall be inserted the following definition—

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

(b) after the definition of “contracted-out rate” there shall be inserted the following definition—

• ““contribution-based jobseeker’s allowance” has the meaning assigned to it in Article 3(4) of the Jobseekers Order (the jobseeker’s allowance);”;

(c) after the definition of “contribution year”(3) there shall be inserted the following definition—

• ““contributory benefit” includes a contribution-based jobseeker’s allowance but not an income-based jobseeker’s allowance;”;

(d) after the definition of “home-trade ship” there shall be inserted the following definition—

• ““income-based jobseeker’s allowance” has the meaning assigned to it in Article 3(4) of the Jobseekers Order;”;

(e) after the definition of “inspector” there shall be inserted the following definition—

““jobseeker’s allowance” means an allowance payable under Part II of the Jobseekers Order (the jobseeker’s allowance);”.

(3) In regulation 26A(6)(4) (return of Class 2 contributions paid by low earners)—

(a) for “any of the contributory benefits specified in section 12(1) of the Act” there shall be substituted “a contribution-based jobseeker’s allowance or any of the contributory benefits specified in section 20(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(5) (descriptions of contributory benefits)”;

(b) after “paid by way of such” there shall be inserted “allowance or”.

(4) In regulation 38 (treatment for purpose of contributory benefit of late paid contributions under the Act)—

(a) in paragraph (6)(6) for “unemployment benefit” there shall be substituted “a contribution-based jobseeker’s allowance”;

(b) after paragraph (6) there shall be inserted the following paragraph—

“(6A) In paragraph (6) of this regulation the reference to the second contribution condition in relation to a contribution-based jobseeker’s allowance is a reference to the condition specified in Article 4(1)(b) of the Jobseekers Order (the contribution-based conditions).”.

(5) In regulation 39(7) (treatment for the purpose of any contributory benefit of late paid or unpaid primary Class 1 contributions where there was no consent, connivance or negligence by the primary contributor)—

(a) immediately before “Where” there shall be inserted “—(1)”;

(b) for “unemployment benefit” in both places where it occurs there shall be substituted “contribution-based jobseeker’s allowance”;

(c) after paragraph (1) there shall be added the following paragraph—

“(2) In paragraph (1)(a) of this regulation the reference to the first contribution condition in relation to contribution-based jobseeker’s allowance is a reference to the condition specified in Article 4(1)(a) of the Jobseekers Order (the contribution-based conditions).”.

(6) In regulation 96(c)(8) and (e) (modification in relation to share fishermen) for “unemployment benefit” there shall be substituted “a contribution-based jobseeker’s allowance”.

(1)

S.R. 1979 No. 186; relevant amending regulations are S.R. 1985 No. 61, S.R. 1987 Nos. 143 and 468, S.R. 1990 No. 320, S.R. 1995 No. 150 and S.R. 1996 No. 58

(2)

Definition of “the 1986 Order” was inserted by S.R. 1987 No. 143

(3)

Definition of “contribution year” was inserted by S.R. 1985 No. 61

(4)

Regulation 26A was inserted by S.R. 1990 No. 320

(5)

Section 20(1) was amended by paragraph 2(2) of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and paragraph 18(1) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and is amended by Schedule 3 to the Jobseekers (Northern Ireland) Order 1995

(6)

Paragraph (6) was amended by S.R. 1987 No. 143 and S.R. 1995 No. 150

(7)

Regulation 39 was amended by S.R. 1987 Nos. 143 and 468 and S.R. 1995 No. 150

(8)

Paragraph (c) was amended by S.R. 1996 No. 58