8. Regulations may prescribe circumstances in which a person may be entitled to an income-based jobseeker's allowance without—N.I.
(a)being available for employment;
(b)having entered into a jobseeker's agreement; or
(c)actively seeking employment.
[F18A.—(1) Regulations may prescribe circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker's allowance without each member of the couple satisfying all the conditions referred to in Article 3(2B)(b).N.I.
(2) Regulations may prescribe circumstances in which, and a period for which, a transitional case couple may be entitled to a joint-claim jobseeker's allowance without having jointly made a claim for it.
(3) In sub-paragraph (2)—
(a)“a transitional case couple” means a joint-claim couple a member of which is entitled to an income-based jobseeker's allowance on the coming into operation of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999; and
(b)“period” shall be construed in accordance with Article 5(3).]
[F28B—(1) This paragraph applies if domestic violence has been inflicted on or threatened against a person (“V”) in prescribed circumstances.N.I.
(2) The Department must exercise the powers to make regulations under Articles 8(4) and 9(4) so as to secure that, for an exempt period, V is treated as—
(a)being available for employment; and
(b)actively seeking employment.
(3) If V has not entered into a jobseeker's agreement before the exempt period begins, the Department must also exercise the power to make regulations under Article 11(10) so as to secure that V is treated as having entered into a jobseeker's agreement which is in force for the exempt period.
(4) In this paragraph—
“domestic violence” has such meaning as may be prescribed;
“exempt period” means a period of 13 weeks beginning no later than a prescribed period after the date (or last date) on which the domestic violence was inflicted or threatened.
(5) Regulations may make provision for the purposes of this paragraph prescribing circumstances in which domestic violence is, or is not, to be regarded as being inflicted on or threatened against a person.]
F2Sch. 1 para. 8B inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 23(1), 36(1)(h)
9. Regulations may provide—N.I.
(a)for an income-based jobseeker's allowance to which a person is entitled by virtue of regulations under paragraph 8[F3 or 8A] to be payable at a prescribed rate;
(b)for it to be payable for a prescribed period.
[F4(c)as to whether the whole or part of any amount of a jobseeker's allowance which is payable as specified in paragraph (a) is recoverable.]
F4Sch. 1 para. 9(c) inserted (4.4.2016 for specified purposes, 2.5.2016 for specified purposes, 20.6.2016 otherwise except in relation to universal credit, 27.9.2017 in so far as not already in force) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 109(5)(a); S.R. 2016/46, art. 4(a); S.R. 2016/215, arts. 2(6)(b), 3(3); S.R. 2017/190, art. 3(1)(2)(e)