The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations (Northern Ireland) 2016

Consequential amendments relating to sanctions

6.—(1) In regulation 8A(5) of the Social Security (Credits) Regulations (Northern Ireland) 1975 (credits for unemployment)(1), for sub-paragraphs (ba), (c) and (cc) substitute—

“(c) a week in respect of which, in relation to the person concerned, a jobseeker’s allowance was reduced in accordance with Article 21 (higher-level sanctions) or 21A (other sanctions), or regulations made under Article 21B of the Jobseekers Order (claimants ceasing to be available for employment etc); or”.

(2) In the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(2)—

(a) in regulation 3 (revision of decisions)—

(i) for paragraph (6)(3) substitute—

“(6) A decision of the Department under Article 9 or 11 that a jobseeker’s allowance is reduced in accordance with Article 21 or 21A of the Jobseekers Order or regulation 69B of the Jobseeker’s Allowance Regulations may be revised at any time by the Department.”, and

(ii) after paragraph (6A)(4) insert—

“(6B) A decision of the Department under Article 9 or 11 awarding a jobseeker’s allowance may be revised where the Department makes a decision under regulation 69B of the Jobseeker’s Allowance Regulations that the amount of the award is to be reduced in accordance with regulations 69B and 70 of the Jobseeker’s Allowance Regulations.”;

(b) in regulation 6 (supersession of decisions) in paragraph (2) for sub-paragraphs (f) and (fa) substitute—

“(f) is a decision that a jobseeker’s allowance is payable at the full rate to which the claimant would be entitled in the absence of any reduction where the award is reduced under Article 21 of the Jobseekers Order;

(fa) is a decision that a jobseeker’s allowance is payable at the full rate to which the claimant would be entitled in the absence of any reduction where the award is reduced under Article 21A of the Jobseekers Order(5);”; and

(c) in regulation 7 (date from which a decision superseded under Article 11 takes effect)—

(i) for paragraph (8)(6) substitute—

“(8) A decision to which regulation 6(2)(f) applies shall take effect from the beginning of the period specified in regulation 69(6) of the Jobseeker’s Allowance Regulations.”, and

(ii) for paragraph (8ZA)(7) substitute—

“(8ZA) A decision to which regulation 6(2)(fa) applies shall take effect from the beginning of the period specified in regulation 69A(3) of the Jobseeker’s Allowance Regulations.”.

(3) In the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations (Northern Ireland) 2014(8)—

(a) omit regulations 9 (good cause), 10 (consequences of failure to participate in the Scheme), 11 (hardship) and 12 (hardship for joint-claim couples); and

(b) in regulation 22(2) (contracting out certain functions in relation to the Scheme) omit sub-paragraph (c) and the “and” which precedes it.

(1)

S.R. 1975 No. 113; regulation 8A was inserted by regulation 2(6) of S.R. 1996 No. 430. Sub-paragraph (ba) was inserted by regulation 17 of S.R. 2014 No. 150, sub-paragraph (c) was amended by regulation 3(1)(a) of S.R. 2012 No. 44 and sub-paragraph (cc) was inserted by regulation 3(a) of S.R. 2001 No. 120 and amended by regulation 3(1)(b) of S.R. 2012 No. 44

(2)

S.R. 1999 No. 162; relevant amending Regulations are S.R. 1999 No. 408, S.R. 2000 No. 365, S.R. 2001 No. 176, S.R. 2003 No. 224, S.R. 2003 No. 405, S.R. 2012 No. 44 and S.R. 2014 No. 150

(3)

Paragraph (6) was amended by regulation 4(a) of S.R. 2000 No. 365, regulation 3(2)(a) of S.R. 2012 No. 44 and regulation 20(2) of S.R. 2014 No. 150

(4)

Paragraph (6A) was inserted by paragraph 3(a) of Schedule 4 to S.R. 2001 No. 176 and amended by regulation 14(3) of S.R. 2003 No. 405

(5)

Sub-paragraph (f) was substituted by regulation 3(3)(a) of S.R. 1999 No. 408 and amended by regulation 4(b) of S.R. 2000 No. 365, regulation 3(4)(c) of S.R. 2003 No. 224 and regulation 3(2)(b) of S.R. 2012 No. 44. Sub-paragraph (fa) was inserted by regulation 20(3) of S.R. 2014 No. 150

(6)

Paragraph (8) was substituted by regulation 3(4) of S.R. 1999 No. 408 and amended by regulation 4(c) of S.R. 2000 No. 365 and regulation 3(2)(c) of S.R. 2012 No. 44

(7)

Paragraph (8ZA) was inserted by regulation 20(4) of S.R. 2014 No. 150

(8)

S.R. 2014 No. 150