The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002

Disqualification period

2.—(1) Subject to paragraph (2), the first day of the disqualification period for the purposes of section 6(6) of the Act shall be—

(a) subject to sub-paragraph 6 where, on the determination day—

(i) the offender is in receipt of a sanctionable benefit;

(ii) the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance, or

(iii) the offender’s family member is in receipt of income support, jobseeker’s allowance or housing benefit,

the day which is 28 days after the determination day;

(b) where sub-paragraph (a) does not apply, the day which is 28 days after the first day after the determination day on which the Department decides to award—

(i) a sanctionable benefit to the offender;

(ii) a joint-claim jobseeker’s allowance to a joint-claim couple of which the offender is a member, or

(iii) income support or jobseeker’s allowance ;

(c) where the only sanctionable benefit which the offender or, as the case may be, the offender’s family member, is in receipt of is housing benefit, the day which is 28 days after the first day after the determination day on which the Department is notified by the relevant authority that the offender or an offender’s family member is in receipt of that benefit or, as the case may be, has been awarded that benefit and in this sub-paragraph “relevant authority” means the relevant authority administering the offender’s or the offender’s family member’s housing benefit.

(2) For the purposes of paragraph (1), the first day of the disqualification period shall be no later than 3 years and 28 days after the date of the conviction of the offender for the benefit offence in the later proceedings referred to in section 6(1) of the Act and section 6(9) of the Act (date of conviction and references to conviction) shall apply for the purposes of this paragraph as it applies for the purposes of section 6 of the Act.

(3) In this regulation, “the determination day” means the day on which the Department determines that a restriction under—

(a) section 6 of the Act would be applicable to the offender were he in receipt of a sanctionable benefit;

(b) section 7 of the Act would be applicable to the offender were he a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

(c) section 8 of the Act would be applicable to the offender’s family member were that member in receipt of income support, jobseeker’s allowance or housing benefit.