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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Jobseekers (Northern Ireland) Order 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Order into force:
2.—(1) The Interpretation Act (Northern Ireland) 1954F1 applies to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
[F2“adjudication officer” means an adjudication officer appointed under section 36 of the Administration Act;]
“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992F3;
“applicable amount” means the applicable amount determined in accordance with regulations under Article 6;
“benefit year” has the meaning given by Article 4(4);
“the Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992F4;
“child” means a person under the age of 16;
“claimant” means a person who claims a jobseeker's allowance[F5 except that in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance it means the couple, or each member of the couple, as the context requires;];
“contribution-based conditions” means the conditions set out in Article 4;
“contribution-based jobseeker's allowance” has the meaning given in Article 3(4);
a man and woman who are married to each other and are members of the same household;
a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;
two people of the same sex who are civil partners of each other and are members of the same household; or
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;]
“the Department” means the Department of Health and Social Services;
“employed earner” has the meaning prescribed for the purposes of this Order;
“employment”, except in Article 9, has the meaning prescribed for the purposes of this Order;
“entitled”, in relation to a jobseeker's allowance, is to be construed in accordance with—
the provisions of this Order relating to entitlement; and
[F7section 1 of the Administration Act and Article 27 of the Social Security (Northern Ireland) Order 1998] ;
a[F8 couple] and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;
except in prescribed circumstances, a person who is not a member of a[F8 couple] and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;
[F9“FAS payments” means payments made under the Financial Assistance Scheme Regulations 2005;]
“income-based conditions” means the conditions set out in Article 5;
“income-based jobseeker's allowance” has the meaning given in Article 3(4);
[F10“” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);]
“jobseeker's agreement” has the meaning given by Article 11(1);
“jobseeking period” has the meaning prescribed for the purposes of this Order;
[F5“joint-claim couple” and “joint-claim jobseeker's allowance” have the meanings given by Article 3(4);]
Definition rep. by 2004 c. 33
“National Insurance Fund” means the Northern Ireland National Insurance Fund;
[F5“the nominated member”, in relation to a joint-claim couple, shall be construed in accordance with Article 5B(4);]
“Northern Ireland” includes the territorial waters of the United Kingdom adjacent to Northern Ireland;
“occupational pension scheme” has the same meaning as it has in the Pension Schemes (Northern Ireland) Act 1993F11 by virtue of section 1 of that Act;
“pensionable age” has the meaning prescribed for the purposes of this Order;
“pension payments” means—
periodical payments made in relation to a person, under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme; and
such other payments as may be prescribed;
“personal pension scheme” means—
a personal pension scheme as defined by section 1 of the Pension Schemes (Northern Ireland) Act 1993;
[F12an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004; and
a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;]
[F13“PPF payments” means any payments made in relation to a person—
payable under the pension compensation provisions as specified in Article 146(2) of the Pensions (Northern Ireland) Order 2005 or section 162(2) of the Pensions Act 2004 (the pension compensation provisions); or
payable under Article 150 of the Pensions (Northern Ireland) Order 2005 or section 166 of the Pensions Act 2004 (duty to pay scheme benefits unpaid at assessment date etc.);]
“prescribed”[F14, except in Article 29 (and in Article 36 so far as relating to regulations under Article 29)] means specified in or determined in accordance with regulations;
“public service pension scheme” has the same meaning as it has in the Pension Schemes (Northern Ireland) Act 1993 by virtue of section 1 of that Act;
“regulations”[F14, except in Article 29 (and in Article 36 so far as relating to regulations under Article 29)] means regulations made by the Departments;
“tax year” means the 12 months beginning with 6th April in any year;
“trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises, or not;
“training” has the meaning prescribed for the purposes of this Order and, in relation to prescribed provisions of this Order, if regulations so provide, includes assistance to find training or employment, or to improve a person's prospects of being employed, of such a kind as may be prescribed;
Definition rep. by 2004 c. 33
“week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;
“work” has the meaning prescribed for the purpose of this Order;
“year”, except in the expression “benefit year”, means a tax year.
[F6(2A) For the purposes of this Order, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.]
(3) The expressions “ [F15limited capability for work]”, “linked period”, “relevant education” and “remunerative work” are to be read with paragraphs 2, 3, 14 and 1 of Schedule 1.
(4) Subject to any regulations made for the purposes of this paragraph, “earnings” is to be construed for the purpose of this Order in accordance with section 3 of the Benefits Act and paragraph 6 of Schedule 1 to this Order.
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