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

Transitionally protected period

10.—(1) The transitionally protected period commences in the case of any particular claimant on and including the first day in the benefit week which commences in his case on or after 7th October 1996 and applies to a claimant—

(a) who was awarded a jobseeker’s allowance on a claim treated as made under regulation 5(2), or

(b) whose award of unemployment benefit terminated in accordance with regulation 5(3).

(2) The transitionally protected period ends in the case of any particular claimant on the last day in the benefit week which includes 6th April 1997 or, if earlier, on the termination of any period of entitlement to a contribution-based jobseeker’s allowance which does not link, in accordance with this regulation, with any subsequent period of entitlement to a contribution-based jobseeker’s allowance.

(3) For the purposes of determining whether in any particular case the transitionally protected period has ended, periods of entitlement to a contribution-based jobseeker’s allowance—

(a) separated by not more than 8 weeks shall link;

(b) separated by more than 8 weeks shall not link,

and in determining whether any particular periods of entitlement link, any period which is for the purposes of regulation 3(2) a linked period shall be disregarded.

(4) Where a person—

(a) is entitled to a jobseeker’s allowance and that entitlement falls within the transitionally protected period;

(b) satisfies the requirements of Article 4 of the Order (the contribution-based conditions) but not those of Article 5 of the Order (the income-based conditions), and

(c) unemployment benefit was payable in respect of the relevant day and the benefit included an increase for an adult dependant,

that dependency increase shall be payable as an addition to the person’s contribution-based jobseeker’s allowance but only for so long as he continues to satisfy the conditions of entitlement to the dependency increase which applied on that day, and the provisions of Part III of the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977(1) (adult dependants) and Part III of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975(2) (adjustment of dependency benefits) as they apply to unemployment benefit as in operation on 6th October 1996 shall apply to it.

(5) Where a person had not attained the age of 55 on the relevant day then for any week falling within the transitionally protected period in which he has still not attained that age section 30 of the Benefits Act shall apply in his case as if it had not been repealed, and the deductions prescribed under Article 6(1)(b) of the Order (amount payable by way of a jobseeker’s allowance) in so far as they relate to pension payments shall not be made.

(6) In the case of a person who, on the relevant day—

(a) had attained pensionable age, and

(b) to whom unemployment benefit was payable in accordance with an award made by virtue of section 25(2)(b) or (c) of the Benefits Act,

his continuing entitlement to a contribution-based jobseeker’s allowance shall be determined in the transitionally protected period as if those provisions of the Benefits Act continued to apply in his case and the requirement of Article 3(2)(h) of the Order (entitlement to a jobseeker’s allowance) did not apply, but subject to Article 7(1) of the Order (duration of a contribution-based jobseeker’s allowance) and regulation 9 (further provisions applying to a continuing entitlement to a jobseeker’s allowance).

(7) In the transitionally protected period, where the weekly amount payable in accordance with Article 6(1)(a) of the Order is less than the amount of unemployment benefit payable in the claimant’s case for the benefit week which includes the relevant day or which would have been payable in that week, but for any adjustments made in that week, in accordance with paragraph 1 of Schedule 4 to the Benefits Act, the age-related amount applicable in that case shall be an amount equal to the amount formerly payable by way of unemployment benefit under that provision.

(8) In paragraph (7) the reference to the amount of unemployment benefit includes a reference to the amount of unemployment benefit which would have been payable had not the claimant been summoned as a juror or been undergoing training.

(9) Where a person is entitled to an income-based jobseeker’s allowance, an amount equal to any dependency increase payable to him in accordance with section 82 of the Benefits Act in respect of an adult dependant for the relevant day who does not reside with him, or any dependency increase payable to him in accordance with section 80(2)(a) of the Benefits Act in respect of the relevant day in respect of a child who does not reside with him, shall be—

(a) included in the applicable amount of the person, and

(b) disregarded in determining the amount of the person’s income,

but only for so long as he continues to satisfy the conditions of entitlement to the dependency increase which applied on that day, or until the end of the benefit week which for him includes 7th April 1997, whichever is the earlier.

(10) In a case where unemployment benefit was payable in respect of the relevant day and the benefit included an increase for an adult dependant, continuing entitlement to the benefit and the increase shall be determined as if the provisions of regulation 14(1)(b) of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(3) (provisions for adjusting benefit for part of week) continued to apply, notwithstanding that those provisions have ceased to have effect.

(11) In the transitionally protected period, the provisions of regulation 14(2) of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(4) shall continue to apply in order to adjust the amount of unemployment benefit payable to a claimant for part of a week, notwithstanding that those provisions have ceased to have effect.

(1)

S.R. 1977 No. 74; relevant amending Regulations are S.R. 1983 Nos. 36 and 193, S.R. 1984 Nos. 373 and 382, S.R. 1987 No. 129, S.R. 1989 No. 103, S.R. 1992 Nos. 83 and 521 and S.R. 1994 No. 485

(2)

S.R. 1975 No. 109; relevant amending provisions are S.R. 1977 No. 316, S.I. 1986/1888 (N.I. 18) and S.R. 1987 Nos. 12 and 391

(3)

S.R. 1979 No. 242; regulation 14(1)(b) was substituted by regulation 14(7)(a) of S.R. 1995 No. 150 and amended by S.R. 1996 No. 289

(4)

Regulation 14(2) was amended by regulation 14(7)(b) of S.R. 1995 No. 150 and omitted by S.R. 1996 No. 289