The Jobseeker’s Allowance (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 85A of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 in relation to the definition of a “person from abroad”.

A claimant for a jobseeker’s allowance who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland (“the Common Travel Area”) is a person from abroad for whom the applicable amount is nil.

The habitual residence test cannot be satisfied unless the claimant has been living in the Common Travel Area for the past 3 months and that the claimant has a right to reside in the Common Travel Area.

Regulation 2 inserts paragraph (2A) so that claimants who have paid either Class 1 or Class 2 contributions whilst working abroad or who have been a Crown servant or member of Her Majesty’s forces posted overseas at any time during the past three months will not be required to have been living in the Common Travel Area for the past 3 months in order to satisfy the habitual residence test. The existing requirement to have a right to reside in the Common Travel Area remains.

Regulation 3 provides a saving for claims made or treated as made before 9th November 2014.

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, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.