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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—
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
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).]
F2Art. 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