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

Jobseeking period

2.—(1) For the purposes of these Regulations, but subject to paragraphs (2) to (4), the “jobseeking period” means any period throughout which the claimant satisfies or is treated as satisfying the conditions specified in Article 3(2)(a) to (c) and (e) to (i) of the Order (conditions of entitlement to a jobseeker’s allowance).

(2) Any period in which—

(a) a claimant does not satisfy any of the requirements in Article 3(2)(a) to (c) of the Order, and

(b) a jobseeker’s allowance is payable to him on the grounds that the adjudication officer is satisfied that unless a jobseeker’s allowance is paid to the claimant he or a member of his family will suffer hardship,

shall, for the purposes of paragraph (1), be treated as a period in which the claimant satisfies the conditions specified in Article 3(2)(a) to (c) of the Order.

(3) Any period in which a claimant is entitled to a jobseeker’s allowance in accordance with regulation 13(3) (earnings during the transitionally protected period) shall, for the purposes of paragraph (1), be treated as a period in which he satisfies the conditions specified in Article 3(2)(a) to (c) and (e) to (i) of the Order.

(4) The following periods shall not be, or be part of, a jobseeking period—

(a) any period in respect of which no claim for a jobseeker’s allowance has been made or treated as made;

(b) such period as falls before the day on which a claim for a jobseeker’s allowance is made or is treated as made or, where good cause is shown for a claim outside the prescribed time for claiming, before the earliest date in respect of which good cause is shown;

(c) where a claim for a jobseeker’s allowance has been made or treated as made but no entitlement to benefit arises in respect of a period before the date of claim by virtue of section 1(2) of the Administration Act (limits for backdating entitlement), that period;

(d) where—

(i) a claimant satisfies the conditions specified in Article 3(2)(a) to (c) and (e) to (i) of the Order, and

(ii) entitlement to a jobseeker’s allowance ceases on the ground that the claimant failed to comply with requirements imposed by regulations made under Article 10(1) of the Order (attendance, information and evidence),

the period beginning with and including the date in respect of which, in accordance with any such regulations, entitlement ceases and ending with the day before the date in respect of which the claimant again becomes entitled to a jobseeker’s allowance, or

(e) any week in which a claimant is not entitled to a jobseeker’s allowance in accordance with Article 16 of the Order (trade disputes).