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

Amendment of the Jobseeker’s Allowance Regulations

2.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “course of study”(2) insert—

““Crown Servant” means a person holding an office or employment under the Crown;”; and

(b) after the definition of “Health and Social Services Board” insert—

““Her Majesty’s forces” has the meaning in the Armed Forces Act 2006(3);”.

(3) In regulation 85A(4) (special cases: supplemental – persons from abroad)—

(a) in paragraph (2)(a)(5) before “the claimant” insert “subject to the exceptions in paragraph (2A),”; and

(b) after paragraph (2) insert—

“(2A) The exceptions are where the claimant has at any time during the period referred to in paragraph (2)(a)—

(a) paid either Class 1 or Class 2 contributions by virtue of regulation 114, 118, 146 or 147 of the Social Security (Contributions) Regulations 2001(6) or by virtue of an Order in Council having effect under section 155 of the Social Security Administration (Northern Ireland) Act 1992(7); or

(b) been a Crown servant posted to perform overseas the duties of a Crown servant; or

(c) been a member of Her Majesty’s forces posted to perform overseas the duties of a member of Her Majesty’s forces.”

(1)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 2006 No. 178 and S.R. 2013 No. 308

(2)

The definition of “course of study” was substituted by regulation 4(2)(a) of S.R. 2000 No. 241

(3)

2006 c. 52

(4)

Regulation 85A was inserted by regulation 4(3) of S.R. 2006 No. 178

(5)

Paragraph (2) was substituted by regulation 2 of S.R. 2013 No. 308

(6)

S.I. 2001/1004; regulation 146 and 147 were amended by regulations 4 and 5 of S.I. 2007/1838; there are other amending instruments but none are relevant to these Regulations

(7)

1992 c. 8; section 155 was amended by paragraph 48 of Schedule 2 to the Jobseeker’s (Northern Ireland) Order 1995, paragraph 84 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I.. 10)), paragraph 19 of Schedule 2 and Schedule 3 to the State Pension Credit Act (Northern Ireland) 2002 (c.14), Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 4(25) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2) and regulation 3 of S.R. 2011 No. 357