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The Jobseekers (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Miscellaneous

Supplementary provisions

23.  Further provisions in relation to a jobseeker’s allowance are set out in Schedule 1.

Members of the forces

24.—(1) Regulations may modify any provision of this Order, in such manner as the Secretary of State thinks proper, in its application to persons who are or have been members of Her Majesty’s forces.

(2) The regulations may, in particular, provide for Article 21(6)(b) not to apply in relation to a person who is discharged from Her Majesty’s forces at his own request.

(3) For the purposes of this Article, Her Majesty’s forces shall be taken to consist of such establishments and organisations in which persons serve under the control of the Defence Council as may be prescribed by regulations made by the Secretary of State.

(4) The power to make regulations under this Article is exercisable by statutory instrument.

Recovery of sums in respect of maintenance

25.—(1) Regulations may make provision for the court to have power to make a recovery order against any person where an award of income-based jobseeker’s allowance has been made to that person’s spouse.

(2) In this Article “recovery order” means an order requiring the person against whom it is made to make payments to the Department or to such other person or persons as the court may determine.

(3) Regulations under this Article may make provision for the transfer by the Department of the right to receive payments under, and to exercise rights in relation to, a recovery order.

(4) Regulations made under this Article may, in particular, include provision—

(a)as to the matters to which the court is, or is not, to have regard in determining any application under the regulations; and

(b)as to the enforcement of recovery orders.

(5) In this Article, “the court” means a court of summary jurisdiction.

Effect of alteration of rates

26.  In the Administration Act, insert after section 139—

Effect of alteration of rates of a jobseeker’s allowance.

139A.(1) This section applies where—

(a)an award of a jobseeker’s allowance is in force in favour of any person (“the recipient”); and

(b)an alteration—

(i)in any component of the allowance, or

(ii)in the recipient’s benefit income, affects the amount of the jobseeker’s allowance to which he is entitled.

(2) Subsection (3) applies where, as a result of the alteration, the amount of the jobseeker’s allowance to which the recipient is entitled is increased or reduced.

(3) As from the commencing date, the amount of the jobseeker’s allowance payable to or for the recipient under the award shall be the increased or reduced amount, without any further decision of an adjudication officer, and the award shall have effect accordingly.

(4) In any case where—

(a)here is an alteration of a kind mentioned in subsection (1)(b); and

(b)before the commencing date (but after that date is fixed) an award of a jobseeker’s allowance is made in favour of a person,

the award may provide for the jobseeker’s allowance to be paid as from the commencing date, in which case the amount of the jobseeker’s allowance shall be determined by reference to the components applicable on that date, or may provide for an amount determined by reference to the components applicable at the date of the award.

(5) In this section—

  • “alteration” means—

    (a)

    in relation to any component of a jobseeker’s allowance, its alteration by or under any enactment; and

    (b)

    in relation to a person’s benefit income, the alteration of any of the applicable sums by any enactment or by an order under section 132 above, to the extent that any such alteration affects the amount of the recipient’s benefit income;

  • “applicable sums” has the same meaning as in section 139 above;

  • “benefit income”, in relation to a recipient, means so much of his income as consists of—

    (a)

    benefit under the Contributions and Benefits Act; or

    (b)

    a war disablement pension or war widow’s pension;

  • “the commencing date” in relation to an alteration, means the date on which the alteration comes into operation in relation to the recipient;

  • “component”, in relation to a jobseeker’s allowance, means any of the sums specified in regulations under the Jobseekers (Northern Ireland) Order 1995 which are relevant in calculating the amount payable by way of a jobseeker’s allowance.

Age increases

27.  In the Administration Act, insert after section 140—

Implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages.

140A.(1) This section applies where—

(a)an award of an income-based jobseeker’s allowance is in force in favour of a person (“the recipient”); and

(b)a component has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age”).

(2) If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an income-based jobseeker’s allowance of an increased amount, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of an adjudication officer; and the award shall have effect accordingly.

(3) Subsection (2) above does not apply where, in consequence on the recipient or other person reaching the qualifying age, a question arises in relation to the recipient’s entitlement to—

(a)a benefit under the Contributions and Benefits Act; or

(b)a jobseekers’s allowance.

(4) Subsection (3)(b) above does not apply to the question—

(a)whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient’s case; and

(b)whether, in consequence, the amount of his income-based jobseeker’s allowance falls to be varied.

(5) In this section “component”, in relation to a recipient and his jobseeker’s allowances, means any of the amounts determined in accordance with regulations made under Article 6(5) of the Jobseekers (Northern Ireland) Order 1995..

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