The Jobseeker's Allowance Regulations (Northern Ireland) 2016

Extended periods of sickness N.I.

46.—(1) This regulation applies to 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 [F1 (“the initial condition”)];

(c) either—

(i) declares that they have been unable to work, or expect to be unable to work, on account of [F2 the initial condition or any other disease or disablement] for more than 2 weeks but [F3 not] for more than 13 weeks; or

(ii) is not a person to whom regulation 45(1) (short periods of sickness) applies by virtue of paragraph (3) of that regulation[F4 , and declares that he has been unable to work or expects to be unable to work, on account of the initial condition or any other disease or disablement, for 2 weeks or less];

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

(e) has not stated in writing that for the period of the disease or disablement they propose to claim or have claimed an employment and support allowance or universal credit.

(2) The evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(i) applies is—

(a) evidence of incapacity for work or limited capability for work in accordance with the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976 (which prescribe the form of F5 ... statement or other evidence required in each case) M1 ; and

(b) any such additional information as the Department may request.

(3) [F6 Subject to paragraph (3A),] the evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(ii) applies is a declaration made by the person in writing in a form approved for the purposes by the Department, that the person has been unfit for work from a date or for a period specified in the declaration.

[F7 (3A) In a case where paragraph (1)(c)(ii) applies, but the period in which the person has been unable to work or expects to be unable to work in fact exceeds 2 weeks, the evidence that is required for the purposes of paragraph (1)(b) is the evidence that is required in a case where paragraph (1)(c)(i) applies.]

(4) Subject to the following paragraphs, a person to whom this regulation applies is to be treated as capable of work or as not having limited capability for work for the continuous period beginning on the first day on which the person is unable to work on account of F8 ...disease or disablement (“the first day” ) and ending on—

(a) the last such day; or

(b) if that period would otherwise exceed 13 weeks, the day which is 13 weeks after the first day.

(5) This regulation does not apply to a person on more than one occasion in any one period of twelve months starting on the first day applying for the purpose of paragraph (4).

(6) Paragraphs (4) and (5) of regulation 45 apply for the purposes of this regulation as they apply for the purposes of paragraph (1) of regulation 45.

Textual Amendments

F1 Words in reg. 46(1)(b) inserted (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(10)(a)(i)

F2 Words in reg. 46(1)(c)(i) substituted (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(10)(a)(ii)(aa)

F3 Word in reg. 46(1)(c)(i) substituted (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(10)(a)(ii)(bb)

F4 Words in reg. 46(1)(c)(ii) inserted (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(10)(a)(iii)

F5 Words in reg. 46(2)(a) omitted (1.7.2022) by virtue of The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/182), regs. 1(1), 4(4)(b)

F6 Words in reg. 46(3) inserted (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(10)(b)

F7 Reg. 46(3A) inserted (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(10)(c)

F8 Word in reg. 46(4) omitted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by virtue of The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(10)(d)

Modifications etc. (not altering text)

C1 Reg. 46 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 S.R. 1976 No. 175