The Jobseekers (Northern Ireland) Order 1995

Jobseeking N.I.

Availability for employment N.I.

8.—(1) For the purposes of this Order, a person is available for employment if he is willing and able to take up immediately any employed earner's employment.

(2) Paragraph (1) is subject to such provisions as may be made by regulations; and those regulations may, in particular, provide that a person—

(a) may restrict his availability for employment in any week in such ways as may be prescribed; or

(b) may restrict his availability for employment in any week in such circumstances as may be prescribed (for example, on grounds of conscience, religious conviction or physical or mental condition or because he is caring for another person) and in such ways as may be prescribed.

(3) The following are examples of restrictions for which provision may be made by the regulations—

(a) restrictions on the nature of the employment for which a person is available;

(b) restrictions on the periods for which he is available;

(c) restrictions on the terms or conditions of employment for which he is available;

(d) restrictions on the locality or localities within which he is available.

(4) Regulations may prescribe circumstances in which, for the purposes of this Order, a person is or is not to be treated as available for employment.

(5) Regulations under paragraph (4) may, in particular, provide for a person who is available for employment—

(a) only in his usual occupation,

(b) only at a level of remuneration not lower than that which he is accustomed to receive, or

(c) only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive,

to be treated, for a permitted period, as available for employment.

(6) Where it has been determinedF1 ( “the first determination”) that a person is to be treated, for the purposes of this Order, as available for employment in any week, the question whether he is available for employment in that week may be subsequently determinedF2 on a review of the first determination.

(7) In this Article “permitted period”, in relation to any person, means such period as may be determined in accordance with the regulations made under paragraph (4).

(8) Regulations under paragraph (4) may prescribe, in relation to permitted periods—

(a) the day on which any such period is to be regarded as having begun in any case;

(b) the shortest and longest periods which may be determined in any case;

(c) factors whichF2 an adjudication officer may take into account in determining the period in any case.

(9) For the purposes of this Article “employed earner's employment” has the same meaning as in the Benefits Act.

F1 prosp. in pt. rep. by 1998 NI 10

F2 prosp. in pt. subst. by 1998 NI 10

Actively seeking employment N.I.

9.—(1) For the purposes of this Order, a person is actively seeking employment in any week if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment.

(2) Regulations may make provision—

(a) with respect to steps which it is reasonable, for the purposes of paragraph (1), for a person to be expected to have to take in any week;

(b) as to circumstances (for example, his skills, qualifications, abilities and physical or mental limitations) which, in particular, are to be taken into account in determining whether, in relation to any steps taken by a person, the requirements of paragraph (1) are satisfied in any week.

(3) Regulations may make provision for acts of a person which would otherwise be relevant for purposes of this Article to be disregarded in such circumstances (including circumstances constituted by, or connected with, his behaviour or appearance) as may be prescribed.

(4) Regulations may prescribe circumstances in which, for the purposes of this Order, a person is to be treated as actively seeking employment.

(5) Regulations under paragraph (4) may, in particular, provide for a person who is actively seeking employment—

(a) only in his usual occupation,

(b) only at a level of remuneration not lower than that which he is accustomed to receive, or

(c) only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive,

to be treated, for the permitted period determined in his case for the purposes of Article 8(5), as actively seeking employment during that period.

(6) Regulations may provide for this Article, and any regulations made under it, to have effect in relation to a person who has reached the age of 16 but not the age of 18 as if “employment” included “training”.

(7) Where it has been determinedF3 ( “the first determination”) that a person is to be treated, for the purposes of this Order, as actively seeking employment in any week, the question whether he is actively seeking employment in that week may subsequently be determinedF4 on a review of the first determination.

(8) For the purposes of this Article—

• “employment” means employed earner's employment or, in prescribed circumstances—

  (a)

  self-employed earner's employment; or

  (b)

  employed earner's employment and self-employed earner's employment; and “employed earner's employment” and

• “self-employed earner's employment” have the same meanings as in the Benefits Act.

F3 prosp. in pt. rep. by 1998 NI 10

F4 prosp. in pt. subst. by 1998 NI 10

Attendance, information and evidence N.I.

10.—(1) Regulations may make provision for requiring a claimant [F5 (other than a joint-claim couple claiming a joint-claim jobseeker's allowance)]

(a) To attend at such place and at such time as[F5 an employment officer] may specify; and

(b) to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment.

[F5 (1A) Regulations may make provision—

(a) for requiring each member of a joint-claim couple claiming a joint-claim jobseeker's allowance to attend at such place and such time as the Department, or any other Department, may specify;

(b) for requiring a member of such a couple to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment;

(c) for requiring such a couple to jointly provide information and such evidence as may be prescribed as to the circumstances of each or either member of the couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment;

(d) where any requirement to provide information or evidence is imposed on such a couple by virtue of sub-paragraph (c), for the joint obligation of the couple to be capable of being discharged by the provision of the information or evidence by one member of the couple.]

(2) Regulations under paragraph (1)[F5 or (1A)] may, in particular—

[F6 (a) prescribe circumstances in which a jobseeker's allowance is not to be payable for a prescribed period (of at least one week but not more than two weeks) in the case of—

(i) a claimant (other than a joint-claim couple claiming a joint-claim jobseeker's allowance) who fails to comply with any regulations made under that paragraph, o

(ii) a joint-claim couple claiming a joint-claim jobseeker's allowance a member of which fails to comply with any such regulations;

(b) provide for the consequence set out in sub-paragraph (a) not to follow if, within a prescribed period of a person's (“P”) failure to comply with any such regulations (“the relevant period”), P or, if P is a member of a joint-claim couple, either member of the couple—

(i) makes prescribed contact with an officer of the Department or of the Department for Employment and Learning, and

(ii) shows that P had good cause for the failure;

(c) provide for entitlement to a jobseeker's allowance to cease at such time as may be determined in accordance with any such regulations if P or, as the case may be, a member of the couple does not make prescribed contact with an officer of the Department or of the Department for Employment and Learning in the relevant period;

(ca) prescribe circumstances in which a jobseeker's allowance is to be payable in respect of a claimant even though provision made by any such regulations by virtue of sub-paragraph (a) prevents payment of a jobseeker's allowance in respect of the claimant; and]

(d) prescribe—

(i) matters which are, or are not, to be taken into account in determining whether a person has, or does not have, good cause for failing to comply with any such regulations; and

(ii) circumstances in which a person is, or is not, to be regarded as having, or not having, good cause for failing to comply with any such regulations.

[F7 (2A) The provision that may be made by any such regulations by virtue of paragraph (2)(ca) includes, in particular, provision for a jobseeker's allowance payable by virtue of that sub-paragraph to be—

(a) payable only if prescribed requirements as to the provision of information are complied with;

(b) payable at a prescribed rate;

(c) payable for a prescribed period (which may differ from the period mentioned in paragraph (2)(a)).]

[F5 (3) In paragraph (1) “employment officer” means an officer of the Department, an officer of any other Department, or such other person as may be designated for the purposes of that paragraph by an order made by the Department.]

F5 1999 NI 11

F6 Art. 10(2)(a)-(ca) and word substituted (13.8.2010) for Article 10(2)(a)-(c) and word by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 27(2), 36(1)(j)

F7 Art. 10(2A) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 27(3), 36(1)(j)

Modifications etc. (not altering text)

C1 Art. 10(2) modified (temp. from 22.9.2010) by Welfare Reform (2010 Act) (Commencement No. 1 and Transitory Provision) Order (Northern Ireland) 2010 (S.R. 2010/327), art. 3(a)

C2 Art. 10(3) modified (temp. from 22.9.2010) by Welfare Reform (2010 Act) (Commencement No. 1 and Transitory Provision) Order (Northern Ireland) 2010 (S.R. 2010/327), art. 3(b)

The jobseeker's agreement N.I.

11.—(1) An agreement which is entered into by a claimant and an employment officer and which complies with the prescribed requirements in force at the time when the agreement is made is referred to in this Order as “a jobseeker's agreement”.

(2) A jobseeker's agreement shall have effect only for the purposes of Article 3.

(3) A jobseeker's agreement shall be in writing and be signed by both parties.

[F8 (3A) The agreement may be in electronic form and signed by means of an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000 F9 ).]

(4) A copy of the agreement shall be given to the claimant.

(5) An employment officer shall not enter into a jobseeker's agreement with a claimant unless, in the officer's opinion, the conditions mentioned in Article 3(2)(a) and (c) would be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the proposed agreement.

(6) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed jobseeker's agreement toF10 an adjudication officer for him to determine—

(a) whether, if the claimant concerned were to comply with the proposed agreement, he would satisfy—

(i) the condition mentioned in Article 3(2)(a), or

(ii) the condition mentioned in Article 3(2)(c); and

(b) whether it is reasonable to expect the claimant to have to comply with the proposed agreement.

(7) F10 An adjudication officer to whom a reference is made under paragraph (6)—

(a) shall so far as practicable dispose of it in accordance with this Article before the end of the period of 14 days from the date of the reference;

(b) may give such directions, with respect to the terms on which the employment officer is to enter into a jobseeker's agreement with the claimant, asF10 the adjudication officer considers appropriate;

(c) may direct that, if such conditions asF10 he considers appropriate are satisfied, the proposed jobseeker's agreement is to be treated (if entered into) as having effect on such date, before it would otherwise have effect, as may be specified in the direction.

(8) Regulations may provide—

(a) for such matters as may be prescribed to be taken into account byF10 an adjudication officer in giving a direction under paragraph (7)(c); and

(b) for such persons as may be prescribed to be notified of—

(i) any determination ofF10 an adjudication officer under this Article;

(ii) any direction given byF10 an adjudication officer under this Article.

F11 (9) Any determination of adjudication officer under this Article shall be binding.

(10) Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in Article 3(2)(b).

(11) Regulations may provide that, in prescribed circumstances, a jobseeker's agreement is to be treated as having effect on a date, to be determined in accordance with the regulations, before it would otherwise have effect.

(12) Except in such circumstances as may be prescribed, a jobseeker's agreement entered into by a claimant shall cease to have effect on the coming to an end of an award of a jobseeker's allowance made to him[F12 or to a joint-claim couple of which he is a member.].

(13) In this Article and Article 12 “employment officer” means an officer of the Department or such other person as may be designated for the purposes of this Article by an order made by the Department.

F8 Art. 11(3A) inserted (1.2.2012) by Social Security (Electronic Communications) Order (Northern Ireland) 2011 (S.R. 2011/298), arts. 1, 3(2)

F9 2000 c. 7

F10 prosp. in pt. subst. by 1998 NI 10

F11 prosp. in pt. rep. by 1998 NI 10

F12 1999 NI 11

Variation of jobseeker's agreement N.I.

12.—(1) A jobseeker's agreement may be varied, in the prescribed manner, by agreement between the claimant and any employment officer.

(2) Any agreement to vary a jobseeker's agreement shall be in writing and be signed by both parties.

[F13 (2A) Any agreement to vary a jobseeker's agreement may be in electronic form and signed by means of an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000).]

(3) A copy of the agreement, as varied, shall be given to the claimant.

(4) An employment officer shall not agree to a variation of a jobseeker's agreement, unless, in the officer's opinion, the conditions mentioned in Article 3(2)(a) and (c) would continue to be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the agreement as proposed to be varied.

(5) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed variation of a jobseeker's agreement toF14 an adjudication officer for him to determine—

(a) whether, if the claimant concerned were to comply with the agreement as proposed to be varied, he would satisfy—

(i) the condition mentioned in Article 3(2)(a), or

(ii) the condition mentioned in Article 3(2)(c); and

(b) whether it is reasonable to expect the claimant to have to comply with the agreement as proposed to be varied.

(6) F14 An adjudication officer to whom a reference is made under paragraph (5)—

(a) shall so far as practicable dispose of it in accordance with this Article before the end of the period of 14 days from the date of the reference;

(b) shall give such directions asF14 he considers appropriate as to—

(i) whether the jobseeker's agreement should be varied, and

(ii) if so, the terms on which the claimant and the employment officer are to enter into an agreement to vary it;

(c) may bring the jobseeker's agreement to an end where the claimant fails, within a prescribed period, to comply with a direction given under sub-paragraph (b)(ii);

(d) may direct that, if—

(i) the jobseeker's agreement is varied, and

(ii) such conditions asF14 he considers appropriate are satisfied,

the agreement as varied is to be treated as having effect on such date, before it would otherwise have effect, as may be specified in the direction.

(7) Regulations may provide—

(a) or such matters as may be prescribed to be taken into account byF14 an adjudication officer in giving a direction under paragraph (6)(b) or (d); and

(b) for such persons as may be prescribed to be notified of—

(i) any determination ofF14 an adjudication officer under this Article;

(ii) any direction given byF14 an adjudication officer under this Article.

F15 (8) Any determination of an adjudication officer under this Article shall be binding.

F13 Art. 12(2A) inserted (1.2.2012) by Social Security (Electronic Communications) Order (Northern Ireland) 2011 (S.R. 2011/298), arts. 1, 3(3)

F14 prosp. in pt. subst. by 1998 NI 10

F15 prosp. in pt. rep. by 1998 NI 10

F16 Jobseeker's agreement: reviews and appeals N.I.

13.—(1) Any determination of, or direction given by, an adjudication officer under Article 11 or 12 may be reviewed (by a different adjudication officer) on the application of the claimant or of an employment officer.

(2) Regulations may make provision with respect to the procedure to be followed on a review under this Article.

(3) The claimant may appeal to a social security appeal tribunal against any determination of, or direction given by, an adjudication officer on a review under this Article.

(4) A social security appeal tribunal determining an appeal under this Article may give a direction of a kind which an adjudication officer may give under Article 11(7)(b) or (c) or (as the case may be) Article 12(6)(b) or (d).

(5) Where a social security appeal tribunal gives a direction under paragraph (4) of a kind which may be given by an adjudication officer under Article 12(6)(b)(ii), an adjudication officer may bring the job seeker's agreement to an end if the claimant fails to comply with the direction within a prescribed period.

(6) An appropriate person may, on the ground that it was erroneous in point of law, appeal to a Commissioner against the decision of a social security appeal tribunal on an appeal under this Article.

(7) Any of the following is an appropriate person for the purposes of paragraph (6)—

(a) the claimant;

(b) an adjudication officer;

(c) in prescribed circumstances, a trade union;

(d) in prescribed circumstances, any other association which exists to promote the interests and welfare of its members.

(8) Subsections (7) to (10) of section 21 of the Administration Act (appeals to Commissioners) shall apply in relation to appeals under this Article as they apply in relation to appeals under that section.

(9) In this Article "Commissioner" has the same meaning as in the Administration Act.

F16 prosp. in pt. rep. by 1998 NI 10