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The Jobseekers (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Part IVMiscellaneous and Supplemental

Termination of awards

32.—(1) Regulations may make provision allowing, in prescribed circumstances, an award of income support to be brought to an end by an adjudication officer where the person to whom it was made, or where he is a member of a married or unmarried couple his partner, will be entitled to a jobseeker’s allowance if the award is brought to an end.

(2) Regulations may make provision allowing, in prescribed circumstances, an award of a jobseeker’s allowance to be brought to an end by an adjudication officer where the person to whom it was made, or where he is a member of a married or unmarried couple his partner, will be entitled to income support if the award is brought to an end.

(3) In this Article “partner” means the other member of the couple concerned.

Insolvency

33.—(1) In section 69 of the Administration Act (overpayments), after subsection (10) insert—

(10A) Where—

(a)a jobseeker’s allowance is payable to a person from whom any amount is recoverable as mentioned in subsection (8) above; and

(b)that person is subject to a bankruptcy order,

a sum deducted from that benefit under that subsection shall not be treated as income of his for the purposes of the Insolvency (Northern Ireland) Order 1989..

(2) In section 74 of the Administration Act (recovery of social fund awards), after subsection (3) insert—

(3A) Where—

(a)a jobseeker’s allowance is payable to a person from whom an award is recoverable under subsection (3) above; and

(b)that person is subject to a bankruptcy order, a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Insolvency (Northern Ireland) Order 1989..

Inspectors

34.—(1) An inspector appointed under section 104 of the Administration Act (appointment and powers of inspectors) shall have power, for purposes of this Order—

(a)to enter at all reasonable times any premises liable to inspection under this Article,

(b)to make such examination and inquiry there as may be necessary for ascertaining whether the provisions of this Order are being, or have been, complied with;

(c)to examine, either alone or (if he thinks fit) in the presence of any other person, in relation to any matters arising under this Order on which he may reasonably require information, any person whom he finds there;

(d)to exercise such other powers as may be necessary for carrying this Order into effect.

(2) The premises liable to inspection under this Article are anywhere an inspector has reasonable grounds for supposing that—

(a)one or more persons are employed;

(b)a trade or business is being carried on;

(c)a personal or occupational pension scheme is being administered; or

(d)information relating to the carrying on of any trade or business is kept by the person carrying on that trade or business,

but do not include a private dwelling-house unless the inspector has reasonable grounds for supposing that the dwelling-house is being used for the purposes of a trade or business.

(3) An inspector applying for admission to any premises, in the exercise of his powers under this Article, shall produce his certificate of appointment if asked to do so.

(4) Where any premises—

(a)are liable to be inspected by an inspector or officer appointed or employed by another government department, or

(b)are under the control of another government department,

the Department may make arrangements with that department for any of the powers or duties of inspectors under this Article to be exercised or discharged by an inspector or officer employed by that department.

(5) A person to whom this paragraph applies shall—

(a)furnish to an inspector all such information, and

(b)produce for his inspection all such documents, as the inspector may reasonably require for purposes of this Order.

(6) Paragraph (5) applies to—

(a)any licensing authority;

(b)any person carrying on an agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services.

(7) Except where paragraph (5) applies, subsections (6) and (7) of section 104 of the Administration Act (furnishing of information about contributions etc.) shall have effect as if this Order were among the legislation mentioned in subsection (8) of that section.

(8) In the application of subsection (7) of section 104 in relation to this Order, the reference in paragraph (a) to section 104 of that Act shall be read as a reference to this Article.

(9) No person shall be required under this Article to answer any questions or to give evidence tending to incriminate himself, or in the case of a person who is married, his or her spouse.

(10) In this Article “licensing authority” means a district council acting in its capacity as an authority responsible for granting any licence.

(11) In this Article, and in subsection (7) of section 104 of the Administration Act, as it applies in relation to this Order, “premises” includes any—

(a)place;

(b)moveable structure or tent;

(c)vehicle, vessel, aircraft or hovercraft;

(d)installation which is an offshore installation for the purposes of the Mineral Working (Offshore Installations) Act 1971(1).

Offences

35.—(1) A person is guilty of an offence if, for the purpose of obtaining a jobseeker’s allowance (whether for himself or for some other person) or for any other purpose connected with this Order, he—

(a)makes a statement or representation which he knows to be false; or

(b)produces or furnishes, or knowingly causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular.

(2) A person is guilty of an offence if he—

(a)intentionally delays or obstructs an inspector in the exercise of any power under Article 34; or

(b)refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under that Article.

(3) Regulations under Article 29 may provide for contravention of any of their provisions to be an offence.

(4) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 3 months, or to both.

(5) A person guilty of an offence under paragraph (2), or under any regulations made under Article 29, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) A person who is convicted of an offence under paragraph (2)(b)—

(a)is guilty of a further offence if the refusal or neglect is continued by him after his conviction; and

(b)shall be liable on summary conviction to a fine not exceeding £40 for each day on which it is continued.

(7) A person who is convicted of an offence of contravening any regulations under Article 29 (“the original offence”)—

(a)is guilty of a further offence if the contravention is continued by him after his conviction, and

(b)shall be liable to a fine not exceeding £40 for each day on which the contravention is continued, if regulations provide for this paragraph to apply in relation to the original offence.

Regulations and orders

36.—(1) Where any power under this Order to make regulations or orders is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(2) Any such power includes power—

(a)to make such incidental, supplemental, consequential or transitional provision as appears to the Department or Secretary of State to be expedient; and

(b)to provide for a person to exercise a discretion in dealing with any matter.

(3) Any power to make regulations or an order for the purposes of any provision of this Order is without prejudice to any power to make regulations or an order for the purposes of any other provision.

Assembly, etc. control

37.—(1) Paragraph (2) applies in relation to the following regulations (whether made alone or with other regulations)—

(a)regulations made under any provision of this Order other than—

(i)Article 8, 9, 28, 31 or 39, or

(ii)paragraph (b) of the definition of “pension payments” in Article 2(2), or

(iii)paragraph 17 of Schedule 1, before the date on which jobseeker’s allowances first become payable;

(b)the first regulations to be made under Article 28;

(c)regulations made under Article 8, 9, 31, paragraph (b) of the definition of “pension payments” in Article 2(2) or paragraph 17 of Schedule 1.

(2) Regulations to which this paragraph applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

(3) Regulations or orders made under this Order by the Department, other than orders made under Article 1(2), 11(13) or 21(10)(a) shall be subject to negative resolution.

(4) Regulations made under this Order by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

General financial arrangements

38.—(1) There shall be paid out of the National Insurance Fund and into the Consolidated Fund sums estimated by the Department to balance payments made by it by way of contribution-based jobseeker’s allowance.

(2) The Department shall pay into the National Insurance Fund sums estimated by it to balance sums recovered by it in connection with payments of contribution-based jobseeker’s allowance.

(3) The Department shall pay into the National Insurance Fund sums estimated by it to be equal to the aggregate of the amounts deducted by employers in accordance with regulations under Article 29.

(4) The Department shall pay into the Consolidated Fund sums estimated by it to balance sums recovered by it in connection with payments made by way of income-based jobseeker’s allowance.

(5) Estimates under this Article shall be made by the Department—

(a)in any manner which, after consulting the Government Actuary or the Deputy Government Actuary, the Department considers appropriate and the Department of Finance and Personnel has approved; and

(b)at such times as the Department considers appropriate and the Department of Finance and Personnel has approved.

(6) Payments which are required to be made by this Article shall be made at such times and in such manner as the Department considers appropriate and the Department of Finance and Personnel has approved.

Transitional provisions

39.—(1) The Department or the Secretary of State may by regulations make such transitional provision, consequential provision or savings as it or he considers necessary or expedient for the purposes of or in connection with—

(a)the coming into operation of any provision of this Order; or

(b)the operation of any enactment repealed or amended by any such provision during any period when the repeal or amendment is not wholly in operation.

(2) Regulations under this Article may in particular make provision—

(a)for the termination or cancellation of awards of unemployment benefit or income support;

(b)for a person whose award of unemployment benefit or income support has been terminated or cancelled under regulations made by virtue of sub-paragraph (a) to be treated as having been awarded a jobseeker’s allowance (a “transitional allowance”)—

(i)of such a kind,

(ii)for such period,

(iii)of such an amount, and

(iv)subject to such conditions,

  • as may be determined in accordance with the regulations;

    (c)

    for a person’s continuing entitlement to a transitional allowance to be determined by reference to such provision as may be made by the regulations;

    (d)

    for the termination of an award of a transitional allowance,

    (e)

    for the review of an award of a transitional allowance;

    (f)

    for a contribution-based jobseeker’s allowance not to be payable for a prescribed period where a person is disqualified for receiving unemployment benefit;

    (g)

    that days which were days of unemployment for the purposes of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days during which a person was, or would have been, entitled to a jobseeker’s allowance;

    (h)

    that days which were days of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days of entitlement to a contribution-based jobseeker’s allowance;

    (i)

    that the rate of a contribution-based transitional allowance is to be calculated by reference to the rate of unemployment benefit paid or payable.

(3) The power of the Secretary of State to make regulations under this Article is exercisable by statutory instrument.

Amendments and repeals

40.—(1) Schedule 2 makes consequential amendments.

(2) The repeals in Schedule 3 have effect.

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