The Jobseeker's Allowance Regulations (Northern Ireland) 2016

Short periods of sickness N.I.

45.—(1) Subject to the following provisions of this regulation, a person who—

(a) has been awarded a jobseeker's allowance, or is a person to whom any of the circumstances mentioned in Article 8J(2) or (3) or 8K(2) of the Order apply;

(b) proves to the satisfaction of the Department that they are unable to work on account of some specific disease or disablement; and

(c) during the period of their disease or disablement, satisfies the requirements for entitlement to a jobseeker's allowance other than those specified in Article 3(2)(f) of the Order (capable of work or not having limited capability for work) M1 ,

is to be treated for a period of not more than two weeks, beginning on the day on which sub-paragraphs (a) to (c) are met, as capable of work or as not having limited capability for work, except where the claimant states in writing that for the period of their disease or disablement they propose to claim or have claimed employment and support allowance or universal credit.

(2) The evidence which is required for the purposes of paragraph (1)(b) is a declaration made by the claimant in writing, in a form approved for the purposes by the Department, that they have been unfit for work from a date or for a period specified in the declaration.

(3) Paragraph (1) does not apply to a claimant on more than two occasions in any one jobseeking period or, where a jobseeking period exceeds 12 months, in each successive 12 months within that period; and for the purposes of calculating any period of 12 months, the first 12 months in the jobseeking period commences on the first day of the jobseeking period.

(4) Paragraph (1) does not apply to any person where the first day in respect of which they are unable to work falls within 8 weeks after the day the person ceased to be entitled to statutory sick pay.

(5) Paragraph (1) does not apply to a claimant who is temporarily absent from Northern Ireland in the circumstances prescribed by regulation 40(5).

(6) Paragraph (1) does not apply to any person—

(a) during any period where the person is treated as capable of work or as not having limited capability for work under regulation 46 (extended period of sickness); or

(b) where the first day in respect of which that person would, apart from this subparagraph, have been treated as capable of work or as not having limited capability for work under this regulation falls immediately after the last day on which the person is so treated under regulation 46.

[F1 (7) For the purposes of calculating the number of occasions under paragraph (3), any occasion to which regulation 46 applies to the claimant is to be disregarded.]

Textual Amendments

F1 Reg. 45(7) added (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(9)

Modifications etc. (not altering text)

C1 Reg. 45 modified (temp.) (30.3.2020) by The Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020/53), regs. 1(1), 8(2)(b) (with reg. 10(2))

Marginal Citations

M1 Article 3(2)(f) was substituted by sections 28(1) and paragraph 6(3) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))