Statutory Rules of Northern Ireland

2002 No. 236

SOCIAL SECURITY

The Jobseeker’s Allowance (Joint Claims) (Amendment) Regulations (Northern Ireland) 2002

Made

4th July 2002

Coming into operation

28th October 2002

The Department for Social Development, in exercise of the powers conferred by Articles 3(2C) and (4) and 36(2) of the Jobseekers (Northern Ireland) Order 1995(1) and now vested in it(2), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Jobseeker’s Allowance (Joint Claims) (Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on 28th October 2002.

Amendment of the Jobseeker’s Allowance Regulations

2. In the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3) –

(a)in regulation 3A(1)(4) (prescribed description of a joint-claim couple for the purposes of Article 3(4)) for “19th March 1976” there shall be substituted “28th October 1957”;

(b)in regulation 3E(2)(5) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) –

(i)after “joint-claim” there shall be inserted “couple”;

(ii)at the end of sub-paragraph (j), “or” shall be omitted;

(iii)after sub-paragraph (k) there shall be added the following sub-paragraph –

“or

(l)where the other member was entitled to an income-based jobseeker’s allowance on 27th October 2002, save that this sub-paragraph shall apply only until the day on which he is required to attend at a place specified by an employment officer in a notification given or sent to him.”.

Sealed with the Official Seal of the Department for Social Development on 4th July 2002.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 by prescribing that a joint-claim couple shall include those childless couples where at least one member was born after 28th October 1957. They also allow one member of such a couple to continue to claim a jobseeker’s allowance where that member was entitled to that allowance on 27th October 2002, but only until the member of the couple who is not entitled to an allowance on that day is notified that he or she is required to attend at a time and place specified by an employment officer.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 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 do not impose any charge on business.

(1)

S.I. 1995/2705 (N.I. 15); Article 3(2C) was inserted, and Article 3(4) was amended, by Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 2000 No. 350 and S.R. 2001 No. 120

(4)

Regulation 3A was inserted by regulation 2(2) of S.R. 2000 No. 350 and amended by regulation 2(2) of S.R. 2001 No. 120

(5)

Regulation 3E was inserted by regulation 2(2) of S.R. 2000 No. 350 and amended by regulation 2(2) of S.R. 2001 No. 120