The Social Security (Adjudication) (Amendment) Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which are consequential upon the coming into operation of the Jobseekers (Northern Ireland) Order 1995 (“the Jobseekers Order”) which, inter alia, replaces unemployment benefit and income support for the unemployed with a new benefit called jobseeker’s allowance, amend the Social Security (Adjudication) Regulations (Northern Ireland) 1995 to make provision in relation to jobseeker’s allowance which is comparable to that in relation to income support. Also a new regulation 56B is inserted which provides that where a person is in receipt of a jobseeker’s allowance and he or his partner wishes to claim income support instead, or vice versa, the adjudication officer may bring to an end the award of the claimant’s current benefit where he is satisfied that the claimant or his partner will be entitled to the other benefit. The regulation also provides that where a person claims jobseeker’s allowance under this procedure he will not have to serve the normal three “waiting days” before he becomes entitled to the allowance.

The Regulations are made before the end of the period of 6 months beginning with the commencement of the Jobseekers Order and accordingly, by virtue of section 150(5) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Article 32 of the Jobseekers Order is an enabling provision under which these Regulations are made. It was brought into operation, for the purpose only of authorising the making of regulations, on 5th February 1996 by virtue of Article 2(b) of the Jobseekers (1995 Order) (Commencement No. 1) Order (Northern Ireland) 1996 (S.R. 1996 No. 26 (C. 3)).