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The Jobseekers (Northern Ireland) Order 1995
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- Northern Ireland Orders in Council
- 1995 No. 2705 (N.I. 15)
- Part II
- Income and Capital
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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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Changes and effects yet to be applied to Part II Crossheading Income-and-capital:
- power to am. (prosp.) by 1998 c. 47 s.87
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Order modified by S.R. 2019/211 art. 2(2)(c) (This amendment not applied to legislation.gov.uk. Affecting Order revoked (19.12.2020) without ever being in force by S.R. 2020/347, arts. 1(1), 2)
- Order modified by S.R. 2024/21 art.002(2)(c)
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 1 para. 14(1) Sch. 1 para. 14 renumbered as Sch. 1 para. 14(1) by 2010 c. 13 (N.I.) Sch. 1 para. 23(5)(a)
- Sch. 1 para. 2(4) added by 2010 c. 13 (N.I.) Sch. 1 para. 23(2)
- Sch. 1 para. 14(2) inserted by 2010 c. 13 (N.I.) Sch. 1 para. 23(5)(b)
- Sch. 1 para. 14A and cross heading inserted by 2010 c. 13 (N.I.) Sch. 1 para. 23(6)
- Sch. 1 para. 8ZA inserted by S.I. 2015/2006 (N.I.) art. 66(4)
- art. 3(1A) substituted for art. 3(2)-(2D) by 2010 c. 13 (N.I.) s. 4(2)(a)
- art. 3(2)(za) inserted by S.I. 2015/2006 (N.I.) art. 66(2)
- art. 3(3A) inserted by S.I. 2015/2006 (N.I.) art. 66(3)
- art. 3A 3B inserted by 2010 c. 13 (N.I.) s. 4(3)
- art. 3A(6) repealed by 2010 c. 13 (N.I.) Sch. 4 Pt. 1
- art. 5(1A) inserted by 2010 c. 13 (N.I.) Sch. 1 para. 11(3)
- art. 11(4A) amendment to earlier affecting provision 2010 c. 13 (N.I.), s. 25(1) by S.I. 2015/2006 (N.I.) Sch. 7 para. 14(2)(b)
- art. 11(4A) inserted by 2010 c. 13 (N.I.) s. 25(1)
- art. 13A-13C and cross-heading inserted by 2010 c. 13 (N.I.) Sch. 1 para. 3
- art. 16(2A) inserted by 2010 c. 13 (N.I.) Sch. 1 para. 16(4)
- art. 17(1)(1A) substituted for art. 17(1) by 2010 c. 13 (N.I.) Sch. 1 para. 17(2)
- art. 17A(1A) inserted by 2010 c. 13 (N.I.) Sch. 1 para. 18(2)
- art. 17B inserted by 2010 c. 13 (N.I.) Sch. 1 para. 19
- art. 20A 20B and cross-heading inserted by 2010 c. 13 (N.I.) Sch. 1 para. 4
- art. 20C 20D inserted by 2010 c. 13 (N.I.) Sch. 1 para. 5
Income and CapitalN.I.
Income and capital: generalN.I.
14.—(1) In relation to a claim for a jobseeker's allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.
(2) A person's income in respect of a week shall be calculated in accordance with prescribed rules.
(3) The rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).
(4) Circumstances may be prescribed in which—
(a)a person is treated as possessing capital or income which he does not possess;
(b)capital or income which a person does possess is to be disregarded;
(c)income is to be treated as capital;
(d)capital is to be treated as income;
Income and capital: income-based jobseeker's allowanceN.I.
15.—[F1(1) No person shall be entitled to an income-based jobseeker's allowance if his capital, or a prescribed part of it, exceeds the prescribed amount.
(2) Where a person claiming an income-based jobseeker's allowance is a member of a family, the income and capital of any member of that family shall, except in prescribed circumstances, be treated as the income and capital of the claimant.
[F2(2A) Paragraphs (1) and (2) do not apply as regards a joint-claim jobseeker's allowance; but a joint-claim couple shall not be entitled to a joint-claim jobseeker's allowance if the couple's capital, or a prescribed part of it, exceeds the prescribed amount.
(2B) Where a joint-claim couple claim a joint-claim jobseeker's allowance—
(a)the couple's income and capital includes the separate income and capital of each of them; and
(b)the income and capital of any other person who is a member of any family of which the couple are members shall, except in prescribed circumstances, be treated as income and capital of the couple.]
(3) Regulations may provide that capital not exceeding the amount prescribed under paragraph (1)[F2 or (2A)], but exceeding a prescribed lower amount, shall be treated, to a prescribed extent, as if it were income of a prescribed amount.]
F1Art. 15 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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