The Jobseekers (Northern Ireland) Order 1995

The jobseeker's allowance N.I.

3.—(1) An allowance, to be known as a jobseeker's allowance, shall be payable in accordance with the provision of this Order.

(2) Subject to the provisions of this Order, a claimant is entitled to a jobseeker's allowance if he—

(a) is available for employment;

(b) has entered into a jobseeker's agreement which remains in force;

(c) is actively seeking employment;

[F1 (d) satisfies the conditions set out in Article 4;]

(e) is not engaged in remunerative work;

[F2 (f) does not have limited capability for work;]

(g) is not receiving relevant education;

(h) is under pensionable age; and

(i) is in Northern Ireland

[F1 (2A) Subject to the provisions of this Order, a claimant who is not a member of a joint-claim couple is entitled to a jobseeker's allowance if he satisfies—

(a) the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

(b) the conditions set out in Article 5.

(2B) Subject to the provisions of this Order, a joint-claim couple are entitled to a jobseeker's allowance if—

(a) a claim for the allowance is made jointly by the couple;

(b) each member of the couple satisfies the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

(c) the conditions set out in Article 5A are satisfied in relation to the couple.

(2C) Regulations may prescribe circumstances in which paragraph (2A) is to apply to a claimant who is a member of a joint-claim couple.

(2D) Regulations may, in respect of cases where a person would (but for the regulations) be a member of two or more joint-claim couples, make provision for only one of those couples to be a joint-claim couple; and the provision which may be so made includes provision for the couple which is to be the joint-claim couple to be nominated—

(a) by the persons who are the members of the couples, or

(b) in default of one of the couples being so nominated, by the Department.]

(3) A jobseeker's allowance is payable in respect of a week.

(4) In this Order—

• “a contribution-based jobseeker's allowance” means a jobseeker's allowance entitlement to which is based on the claimant's satisfying conditions which include those set out in Article 4;F1 . . .

• “an income-based jobseeker's allowance” means a jobseeker's allowance entitlement to which is based on the claimant's satisfying conditions which include those set out in Article 5.[F1 or a joint-claim jobseeker's allowance;]

• [F1 “a joint-claim couple” means a[F3 couple] who—

  (a)

  are not members of any family whose members include a person in respect of whom a member of the couple is entitled to child benefit, and

  (b)

  are of a prescribed description;

• “a joint-claim jobseeker's allowance” means a jobseeker's allowance entitlement to which arises by virtue of paragraph (2B).]

F1 1999 NI 11

F2 Art. 3(2)(f) substituted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 6(3) (with s. 29, Sch. 4 and S.R. 2008/283, reg. 5); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2

F3 2004 c.33