The Jobseeker’s Allowance (Transitional Provisions) (No. 2) Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

These Regulations are made by virtue of provisions in the Jobseekers (Northern Ireland) Order 1995. They revoke the Jobseeker’s Allowance (Transitional Provisions) Regulations (Northern Ireland) 1996, the Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations (Northen Ireland) 1996, regulation 2 of the Social Security and Child Support (Jobseeker’s Allowance) (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 1996, regulation 2 of the Social Security (Jobseeker’s Allowance and Payments on account) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 and regulation 3 of the Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 and consolidate the provisions of those Regulations. These Regulations accordingly, by virtue of section 149(3) of, and paragraph 9 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations provide for continuity between unemployment benefit and income support for those who are required to be available for and actively seeking employment, and 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 7);

(b) for continuity between unemployment benefit and jobseeker’s allowance (regulations 5, 6 and 7);

(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 8 and 9);

(d) for transitional protection to be given for a limited period to persons formerly entitled to unemployment benefit or income support (regulations 10, 11 and 12).

Regulations 13 to 17 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 18 allows an adjudication officer, in a situation where not all the answers to questions relating to a claim can be immediately ascertained, to determine the claim on the basis that the answers are immediately ascertainable.

Regulation 19 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.

Regulations 20 and 21 deal with attendance and the provision of information, and regulation 22 with revocations.