Search Legislation

The Jobseeker's Allowance Regulations (Northern Ireland) 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 16

 Help about opening options

Version Superseded: 01/07/2022

Alternative versions:

Status:

Point in time view as at 27/11/2019. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the The Jobseeker's Allowance Regulations (Northern Ireland) 2016, Section 16. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Circumstances in which requirements must not be imposedN.I.

This section has no associated Explanatory Memorandum

16.—(1) Where paragraph (3), [F1(4), (5) or (5B)] applies—

(a)the Department must not impose a work search requirement on a claimant; and

(b)“able and willing immediately to take up work” under a work availability requirement means able and willing to take up paid work, or attend an interview, immediately once the circumstances set out in paragraph (3), [F1(4), (5) or (5B)] no longer apply.

(2) A work search requirement previously applying to the claimant ceases to have effect from the date on which the circumstances set out in paragraph (3), [F2(4), (5) or (5B)] apply.

(3) This paragraph applies where—

(a)the claimant is attending a court or tribunal as a party to any proceedings or as a witness;

(b)the claimant is temporarily absent from Northern Ireland because they are—

(i)taking their child outside Northern Ireland for medical treatment;

(ii)attending a job interview outside Northern Ireland; or

(iii)receiving medical treatment outside Northern Ireland;

(c)it is within 6 months of the death of—

(i)where the claimant is a member of a couple, the other member;

(ii)a child for whom the claimant or, where the claimant is a member of a couple, the other member, is responsible; or

(iii)a child, where the claimant is the child's parent;

(d)the claimant is receiving and participating in a structured, recovery-orientated, course of alcohol or drug dependency treatment, for a period of up to 6 months (where the course is for more than 6 months, this sub-paragraph only applies for the first 6 months);

(e)the claimant is a person for whom arrangements have been made by a protection provider under section 82 of the Serious Organised Crime and Police Act 2005 M1, for a period of up to 3 months (where the arrangements are for more than 3 months, this sub-paragraph only applies for the first 3 months).

(4) This paragraph applies where the Department is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement, including if such a requirement were limited in accordance with Article 8D(4) of the Order, because the claimant—

(a)has temporary child care responsibilities;

(b)is subject to temporary circumstances;

(c)is carrying out a public duty; or

(d)is carrying out a work preparation requirement or voluntary work preparation.

(5) This paragraph applies where the claimant—

(a)is unfit for work—

(i)for a maximum of 14 consecutive days after the date on which the evidence referred to in sub-paragraph (b) is provided; and

(ii)on no more than 2 such periods in any period of 12 months; and

(b)provides to the Department the following evidence—

(i)for the first 7 days when they are unfit for work, a declaration made by the claimant in such manner and form as the Department approves that the claimant is unfit for work; and

(ii)for any further days when they are unfit for work, a statement given by a doctor in accordance with the rules set out in Part 1 of Schedule 1 to the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976 M2 which advises that the person is not fit for work.

[F3(5A) Paragraph (5) does not apply to a claimant—

(a)if it has previously been determined on the basis of an assessment under Part 5 of the Universal Credit Regulations (Northern Ireland) 2016 or Part 4 or 5 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 that the claimant does not have limited capability for work; and

(b)the condition specified in the evidence provided by the claimant in accordance with paragraph (5)(b) is in the opinion of the Department the same, or substantially the same, as the condition specified in the evidence provided by the claimant before the date of the determination that the claimant does not have limited capability for work.

(5B) This paragraph applies where the Department is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement or a work availability requirement, including if such a requirement were limited in accordance with Article 8D(4) of the Order, because paragraph (5) would apply to the claimant but for paragraph (5A).]

(6) In this regulation, “tribunal” means any tribunal listed in Schedule 1 to the Tribunal and Inquiries Act 1992 M3 or any tribunal established under an enactment.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources