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The Jobseekers (Northern Ireland) Order 1995

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The Jobseekers (Northern Ireland) Order 1995, Cross Heading: Entitlement is up to date with all changes known to be in force on or before 19 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Part II Crossheading Entitlement:

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

EntitlementF37F38N.I.

F37functions transf. by SR 1999/481

F38mod. by SR 1999/350

Non-textual amendments applied to the whole Legislation can be found in the Introduction

The jobseeker's allowanceN.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)[F1is available for employment;]

(b)has [F2accepted a claimant commitment] ;

(c)[F1is actively seeking employment;]

[F3(d)satisfies the conditions set out in Article 4;]

(e)is not engaged in remunerative work;

[F4(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

[F3(2A) [F5Subject 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) [F5Subject 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) [F5Regulations may prescribe circumstances in which paragraph (2A) is to apply to a claimant who is a member of a joint-claim couple.]

(2D) [F5Regulations 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) [F6In this Order—

  • F3“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;. . .

  • “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.[F3 or a joint-claim jobseeker's allowance;]

  • [F3“a joint-claim couple” means a[F7 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).]]

F1Art. 3(2)(a)(c) repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 55(3); S.R. 2017/190, art. 9 (with arts. 10-25)

F2Words in art. 3(2)(b) substituted (2.5.2016 for specified purposes, 27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 50(3); S.R. 2016/215, art. 2(3)(a)(i); S.R. 2017/190, art. 9 (with arts. 10-25)

F5Art. 3(2A)-(2D) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

F6Art. 3(4) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

The contribution-based conditionsN.I.

4.—(1) The conditions referred to in[F8 Article 3(2)(d)] are that the claimant—

(a)has actually paid Class 1 contributions in respect of one ( “the base year”) of the last two complete years before the beginning of the relevant benefit year and satisfies the additional conditions set out in paragraph (2);

(b)has, in respect of the last two complete years before the beginning of the relevant benefit year, either paid Class 1 contributions or been credited with earnings and satisfies the additional condition set out in paragraph (3);

(c)does not have earnings in excess of the prescribed amount; and

(d)is not entitled to income support.

(2) The additional conditions mentioned in paragraph (1)(a) are that—

(a)the contributions have been paid before the week for which the jobseeker's allowance is claimed;

[F9(b)the claimant's relevant earnings for the base year upon which primary Class 1 contributions have been paid or treated as paid are not less than the base year's lower earnings limit multiplied by 26.]

[F10(2A) Regulations may make provision for the purposes of paragraph (2)(b) for determining the claimant's relevant earnings for the base year.

(2B) Regulations under paragraph (2A) may, in particular, make provision—

(a)for making that determination by reference to the amount of a person's earnings for periods comprised in the base year;

(b)for determining the amount of a person's earnings for any such period by—

(i)first determining the amount of the earnings for the period in accordance with regulations made for the purposes of section 3(2) of the Benefits Act, and

(ii)then disregarding so much of the amount found in accordance with head (i) as exceeded the base year's lower earnings limit (or the prescribed equivalent).]

(3) The additional condition mentioned in paragraph (1)(b) is that the earnings factor derived[F11 from so much of the claimant's earnings as did not exceed the upper earnings limit and] upon which primary Class 1 contributions have been paid or treated as paid or[F11 from so much of the claimant's earnings as did not exceed the upper earnings limit and] credited is not less, in each of the two complete years, than the lower earnings limit for the year multiplied by 50.

[F12(3A) Where primary Class 1 contributions have been paid or treated as paid on any part of a person's earnings, [F13paragraph (3)] shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.]

[F14(3B) Regulations may—

(a)provide for the first set of conditions to be taken to be satisfied in the case of persons—

(i)who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time, or

(ii)who satisfy other prescribed conditions;

(b)with a view to securing any relaxation of the requirements of the first set of conditions in relation to persons who have been entitled as mentioned in sub-paragraph (a)(i), provide for that set of conditions to apply in relation to them subject to prescribed modifications.

(3C) In paragraph (3B)—

the first set of conditions” means the condition set out in paragraph (1)(a) and the additional conditions set out in paragraph (2);

benefit” means—

(za)

[F15 universal credit;]

(a)

any benefit within the meaning of section 121(1) of the Benefits Act,

(b)

any benefit under Parts 7 to 12 of the Benefits Act,

(c)

credits under regulations under section 22(5) of the Benefits Act,

(d)

a [F16contribution-based] jobseeker's allowance, and

(e)

working tax credit.]

(4) For the purposes of this Article—

(a)“benefit year” means a period which is a benefit year for the purposes of Part II of the Benefits Act or such other period as may be prescribed for the purposes of this Article;

(b)“the relevant benefit year” is the benefit year which includes—

(i)the beginning of the jobseeking period which includes the week for which a jobseeker's allowance is claimed, or

(ii)(if earlier) the beginning of any linked period; and

(c)other expressions which are used in this Article and the Benefits Act have the same meaning in this Article as they have in the Act.

F14Art. 4(3B)(3C) inserted (16.12.2011 only in so far as it inserts Article 4(3B)(a) and (3C) otherwise prosp.) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 11(5), 36(2); S.R. 2011/430, art. 2(a)

F16Words in art. 4(3C) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

Modifications etc. (not altering text)

C1Art. 4 applied (with modifications) (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Jobseekers Allowance Regulations (Northern Ireland) 2016 (S.R. 2016/218), regs. 1(1), 69

C2Art. 4 applied (with modifications) (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Jobseekers Allowance Regulations (Northern Ireland) 2016 (S.R. 2016/218), regs. 1(1), 75

The income-based conditionsN.I.

5.[F17(1) The conditions referred to in[F18 Article 3(2A)(b)] are that the claimant—

(a)has an income which does not exceed the applicable amount (determined in accordance with regulations under Article 6) or has no income;

(b)is not entitled to income support[F19, state pension credit or an income-related employment and support allowance];

(c)is not a member of a family one of whose members is entitled to income support;

(d)is not a member of a family one of whose members is entitled to an income-based jobseeker's allowance;

[F20(dd)is not a member of a[F21 couple] the other member of which is entitled to state pension credit;]

[F22(de)is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;]

(e)is not a member of a[F21 couple] the other member of which is engaged in remunerative work; and

(f)is a person—

(i)who has reached the age of 18; or

(ii)in respect of whom a direction under Article 18 is in force; or

(iii)who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16 but not the age of 18.

(2) Regulations may provide for one or both of the following conditions to be included in the income-based conditions, in the case of a person to whom paragraph (1)(f)(ii) or (iii) applies—

(a)a condition that the claimant must register for employment;

(b)a condition that the claimant must register for training.

(3) In paragraph (1)(f)(iii) “period” includes—

(a)a period fo a determinate length;

(b)a period defined by reference to the happening of a future event; and

(c)a period of a determinate length but subject to earlier determination upon the happening of a future event.

(4) Regulations under paragraph (2) may, in particular, make provision by reference to persons designated by the Department for the purpose of the regulations.]

F17Arts. 5-5B repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

[F23The conditions for claims by joint-claim couplesN.I.

5A.[F17(1) The conditions referred to in Article 3(2B)(c) are—

(a)that the income of the joint-claim couple does not exceed the applicable amount (determined in accordance with regulations under Article 6) or the couple have no income;

(b)that no member of a family of which the couple are members is entitled to income support;

(c)that no member of any such family (other than the couple) is entitled to an income-based jobseeker's allowance;

[F24(cc)that neither member of the couple is entitled to state pension credit;]

[F25(cd)that neither member of the couple is entitled to an income-related employment and support allowance;]

(d)that at least one member of the couple has reached the age of 18; and

(e)that if only one member of the couple has reached the age of 18, the other member of the couple is a person—

(i)in respect of whom a direction under Article 18 is in force; or

(ii)who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16.

(2) Paragraphs (2) and (4) of Article 5 shall apply in relation to a member of the couple to whom paragraph (1)(e)(i) or (ii) applies as they apply in relation to a claimant to whom paragraph (1)(f)(ii) or (iii) of that Article applies.

(3) In paragraph (1)(e)(ii) “period” shall be construed in accordance with Article 5(3).]]

F17Arts. 5-5B repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

Joint-claim couples: the nominated memberN.I.

5B.[F17(1) Where a joint-claim couple make a claim for a joint-claim jobseeker's allowance, they may nominate one of them as the member of the couple to whom the allowance is to be payable.

(2) In default of one of them being so nominated, the allowance shall be payable to whichever of them is nominated by the Department.

(3) Paragraphs (1) and (2) have effect subject to Article 6A(4) and (7).

(4) In this Order references to the nominated member of a joint-claim couple are, except where Article 22A(7) applies, to the member of the couple nominated under paragraph (1) or (2); and where Article 22A(7) applies, references to the nominated member of such a couple are to the member of the couple to whom Article 22A(7) provides for the allowance to be payable.

(5) Nothing in this Article or Article 22A(7) affects the operation of any statutory provision by virtue of which any amount of the allowance is required or authorised to be paid to someone other than the nominated member of the couple.]

F17Arts. 5-5B repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

Amount payable by way of a jobseeker's allowanceN.I.

6.—(1) In the case of a [F26contribution-based] jobseeker's allowance, the amount payable in respect of a claimant ( “his personal rate”) shall be calculated by—

(a)determining the age-related amount applicable to him; and

(b)making prescribed deductions in respect of earnings [F27, pension payments, PPF payments and FAS payments] .

(2) The age-related amount applicable to a claimant, for the purposes of paragraph (1)(a), shall be determined in accordance with regulations.

(3) [F28In the case of an income-based jobseeker's allowance[F29 (other than a joint-claim jobseeker's allowance)], the amount payable shall be—

(a)if a claimant has no income, the applicable amount;

(b)if a claimant has an income, the amount by which the applicable amount exceeds his income.]

[F29(3A) [F28In the case of a joint-claim jobseeker's allowance, the amount payable in respect of a joint-claim couple shall be—

(a)if the couple have no income, the applicable amount;

(b)if the couple have an income, the amount by which the applicable amount exceeds the couple's income.]]

(4) Except in prescribed circumstances, a jobseeker's allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.

(5) The applicable amount shall be such amount or the aggregate of such amounts as may be determined in accordance with regulations.

(6) [F30Where a claimant[F29 is entitled to both a contribution-based jobseeker's allowance and an income-based jobseeker's allowance] but has no income, the amount payable[F29 by way of a jobseeker's allowance] shall be—

(a)the applicable amount, if that is greater than his personal rate; and

(b)his personal rate, if it is not.]

(7) [F30Where the amount payable to a claimant to whom paragraph (6) apples is the applicable amount, the amount payable to him by way of a jobseeker's allowance shall be taken to consist of two elements—

(a)one being an amount equal to his personal rate; and

(b)the other being an amount equal to the excess of the applicable amount over his personal rate.]

(8) [F30Where a claimant[F29 is entitled to both a contribution-based jobseeker's allowance and an income-based conditions] and has an income, the amount payable[F29 by way of a jobseeker's allowance] shall be—

(a)the amount by which the applicable amount exceeds his income, if the amount of that excess is greater than his personal rate; and

(b)his personal rate, if it is not.]

(9) [F30Where the amount payable to a claimant to whom paragraph (8) applies is the amount by which the applicable amount exceeds his income, the amount payable to him by way of a jobseeker's allowance shall be taken to consist of two elements—

(a)one being an amount equal to his personal rate; and

(b)the other being an amount equal to the amount by which the difference between the applicable amount and his income exceeds his personal rate.]

(10) [F30The element of a jobseeker's allowance mentioned in paragraph (7)(a) and that mentioned in paragraph (9)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant's entitlement to a contribution-based jobseeker's allowance.]

(11) [F30The element of a jobseeker's allowance mentioned in paragraph (7)(b) and that mentioned in paragraph (9)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant's entitlement to an income-based jobseeker's allowance.]

[F29(11A) [F30In paragraphs (6) to (11) “claimant” does not include—

(a)a joint-claim couple, or

(b)a member of such a couple (other than a person to whom regulations under Article 3(2C) apply);

but Article 6A, which contains corresponding provisions relating to joint-claim couples, applies instead.]]

(12) Regulations under paragraph (5) may provide that, in prescribed cases, an applicable amount is to be nil.

F26Words in art. 6(1) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

F28Art. 6(3)(3A) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

F30Art. 6(6)-(11A) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

[F31Amount payable in respect of joint-claim coupleN.I.

6A.[F32(1) This Article applies where—

(a)a joint-claim couple are entitled to a joint-claim jobseeker's allowance, and

(b)one or each of the members of the couple is in addition entitled to a contribution-based jobseeker's allowance;

and in such a case the provisions of this Article have effect in relation to the couple in place of Article 6(3A).

(2) If a joint-claim couple falling within paragraph (1) have no income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be—

(a)the applicable amount, if that is greater than the couple's personal rate; and

(b)the couple's personal rate, if it is not.

(3) Where the amount payable in accordance with paragraph (2) is the applicable amount, the amount payable in respect of the couple by way of a jobseeker's allowance shall be taken to consist of two elements—

(a)one being an amount equal to the couple's personal rate; and

(b)the other being an amount equal to the excess of the applicable amount over the couple's personal rate.

(4) Where the amount payable in accordance with paragraph (2) is the couple's personal rate, then—

(a)if each member of the couple is entitled to a contribution-based jobseeker's allowance, an amount equal to the member's own personal rate shall be payable in respect of the member by way of such an allowance;

(b)if only one of them is so entitled, an amount equal to that member's personal rate shall be payable in respect of the member by way of such an allowance;

and in either case nothing shall be payable in respect of the couple by way of a joint-claim jobseeker's allowance.

(5) If a joint-claim couple falling within paragraph (1) have an income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be—

(a)the amount by which the applicable amount exceeds the couple's income, if the amount of that excess is greater than the couple's personal rate; and

(b)the couple's personal rate, if it is not.

(6) Where the amount payable in accordance with paragraph (5) is the amount by which the applicable amount exceeds the couple's income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be taken to consist of two elements—

(a)one being an amount equal to the couple's personal rate; and

(b)the other being an amount equal to the amount by which the difference between the applicable amount and the couple's income exceeds the couple's personal rate.

(7) Where the amount payable in accordance with paragraph (5) is the couple's personal rate, paragraph (4) shall apply as it applies in a case where the amount payable in accordance with paragraph (2) is that rate.

(8) The element of a jobseeker's allowance mentioned in paragraph (3)(a) and that mentioned in paragraph (6)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable—

(a)in a case where only one member of the joint-claim couple is entitled to a contribution-based jobseeker's allowance, to that member's entitlement to such an allowance; and

(b)in a case where each member of the couple is entitled to a contribution-based jobseeker's allowance, rateably according to their individual entitlements to such an allowance.

(9) The element of a jobseeker's allowance mentioned in paragraph (3)(b) and that mentioned in paragraph (6)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the couple's entitlement to a joint-claim jobseeker's allowance.

(10) In this Article “the couple's personal rate”, in relation to a joint-claim couple, means—

(a)where only one member of the couple is entitled to a contribution-based jobseeker's allowance, that member's personal rate;

(b)where each member of the couple is entitled to such an allowance, the aggregate of their personal rates.]]

F32Art. 6A repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

Duration of a [F33contribution-based] jobseeker's allowanceN.I.

7.—(1) The period for which a person is entitled to a [F34contribution-based] jobseeker's allowance shall not exceed, in the aggregate, 182 days in any period for which his entitlement is established by reference (under Article 4(1)(b)) to the same two years.

(2) The fact that a person's entitlement to a [F35contribution-based] jobseeker's allowance ( “his previous entitlement”) has ceased as a result of paragraph (1) does not prevent his being entitled to a further [F35contribution-based] jobseeker's allowance if—

(a)he satisfies the contribution-based conditions; and

(b)the two years by reference to which he satisfies those conditions include at least one year which is later than the second of the two years by reference to which his previous entitlement was established.

(3) Regulations may provide that a person who would be entitled to a [F36contribution-based] jobseeker's allowance but for the operation of prescribed provisions of, or made under, this Order shall be treated as if entitled to the allowance for the purposes of this Article.

F33Words in art. 7 heading repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

F34Words in art. 7(1) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

F35Words in art. 7(2) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

F36Words in art. 7(3) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

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