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The Jobseekers (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

21.  In section 1 of the Administration Act (entitlement to benefit dependent on claim), in the definition of “benefit” in subsection (4), after “Benefits Act;” insert—

(aa)a jobseeker’s allowance;.

22.  In section 5 of the Administration Act (claims and payments regulations), after subsection (2)(a) insert—

(aa)a jobseeker’s allowance;.

22.  In section 5 of the Administration Act (claims and payments regulations), after subsection (2)(a) insert—

23.—(1) Section 13A of the Administration Act (payment out of benefit of sums in respect of mortgage interest, etc.) is amended as follows.

(2) In subsection (1) after “income support” insert (in each place) “or an income-based jobseeker’s allowance”.

(3) In the definition of “qualifying associate”, in subsection (4)—

(a)after “support” insert “or an income-based jobseeker’s allowance” ; and

(b)after “Act” insert “or (as the case may be) under the Jobseekers (Northern Ireland) Order 1995,”.

(4) In the definition of “relevant benefits” in subsection (4), after “Act;” insert—

(aa)a jobseeker’s allowance;.

24.  In section 15(1) of the Administration Act (questions for adjudication by the Department), omit “and” at the end of paragraph (g) and after paragraph (h) insert—

;and

(i)any question arising under Article 29 of the Jobseekers (Northern Ireland) Order 1995, or under any provision of regulations under that Article, as to—

(i)whether a person is, or was, an employee or employer of another;

(ii)whether an employer is entitled to make any deduction from his contributions payments in accordance with regulations under Article 29 of that Order;

(iii)whether a payment falls to be made to an employer in accordance with those regulations;

(iv)the amount that falls to be so deducted or paid; or

(v)whether two or more employers are, by virtue of regulations under Article 29 of that Order, to be treated as one..

25.—(1) Section 18 of the Administration Act (claims and questions to be submitted to the adjudication officer) is amended as follows.

(2) In subsection (1), omit “and” at the end of paragraph (b) and after paragraph (c) insert—

; and

(d)any question whether a jobseeker’s allowance is not payable to a person by virtue of Article 21 of the Jobseekers (Northern Ireland) Order 1995..

(3) In subsection (2), after “which”, insert—

  • “(a)

    may be determined by an adjudication officer under Article 11(6) or 12(5) of the Jobseekers (Northern Ireland) Order 1995; or

    (b)

(4) After subsection (6)(a) insert—

(aa)a jobseeker’s allowance;.

26.  In section 23 of the Administration Act (review of decisions), in subsection (1)(e), for “section 25A(4) or (5) of the Contributions and Benefits Act” substitute “Article 8(6) or 9(7) of the Jobseekers (Northern Ireland) Order 1995”.

27.  In section 56 of the Administration Act (determination of questions and matters arising out of, or pending, reviews and appeals)—

(a)in subsection (1), after “Benefits Act” insert “, the Jobseekers (Northern Ireland) Order 1995” ; and

(b)in subsection (4), after “unemployment benefit” insert “or a jobseeker’s allowance”.

28.  In section 59 of the Administration Act (supplementary matters relating to determinations), after subsection (4)(a) insert—

(aa)a jobseeker’s allowance;.

29.  In section 66 of the Administration Act (restrictions on entitlement to benefit in certain cases of error), in the definition of “benefit” in subsection (4), after “Act;” insert—

(aa)a jobseeker’s allowance;.

30.  In section 68 of the Administration Act (correction of errors and setting aside of decisions), in subsection (3), omit “or” at the end and after paragraph (1) insert—

  • ; or

    (m)

    the Jobseekers (Northern Ireland) Order 1995..

31.  In section 69 of the Administration Act (recovery of overpayments), after subsection (11)(a) insert—

(aa)subject to section 69A below, a jobseeker’s allowance;.

32.—(1) Section 71 of the Administration Act (adjustment of benefits) is amended as follows.

(2) In subsection (1)—

(a)after “Act” insert “, or a contribution-based jobseeker’s allowance,” ; and

(b)for “its receipt” substitute “receipt of that benefit”.

(3) For subsection (4) substitute—

(4) Regulations may provide for adjusting—

(a)benefit as defined in section 121 of the Contributions and Benefits Act; or

(b)a contribution-based jobseeker’s allowance,

payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below..

33.  In section 72 (recovery and abatement of income support), in subsections (1)(b), (2)(b) and (3) after “support” insert, in each place, “or an income-based jobseeker’s allowance”.

34.  In section 74 of the Administration Act (recovery of social fund awards), in subsection (6)(d), after “support” insert “or an income-based jobseeker’s allowance”.

35.  In section 77(1) of the Administration Act (interpretation of Part IV), in the definition of “benefit” after “means” insert “a jobseeker’s allowance or”.

36.—(1) Section 100 of the Administration Act (failure to maintain) is amended as follows.

(2) In subsection (1)(b), after “support” insert “or an income-based jobseeker’s allowance”.

(3) In subsection (3), at the beginning insert “Subject to subsection (4) below,”.

(4) After subsection (3) insert—

(4) For the purposes of this section, in its application to an income-based jobseeker’s allowance, a person is liable to maintain another if that other person is his or her spouse..

37.  In section 104 of the Administration Act (appointment and powers of inspectors), add at the end of subsection (9) “;but “relevant benefit” does not include a jobseeker’s allowance”.

38.—(1) Section 110 of the Administration Act (legal proceedings) is amended as follows.

(2) In subsection (1), after “Act” insert “or the Jobeseekers (Northern Ireland) Order 1995”.

(3) In subsection (2)(a), after “housing benefit” insert “, for an offence under the Jobseekers (Northern Ireland) Order 1995,”.

39.  In section 111 of the Administration Act (questions arising in proceedings), in subsection (1)(a), after “Act” insert “or the Jobseekers (Northern Ireland) Order 1995”.

40.—(1) Section 116 of the Administration Act (disclosure of information by Inland Revenue) is amended as follows.

(2) In subsection (1)(c)—

(a)after “Benefits Act” insert “, the Jobeseekers (Northern Ireland) Order 1995” ; and

(b)for “either of them” substitute “either of those Acts or that Order”.

(3) In subsection (3)(b)—

(a)after “Benefits Act” insert “, the Jobseekers (Northern Ireland) Order 1995” ; and

(b)for “either of them” substitute “either of those Acts or that Order”.

41.  In section 118(1) of the Administration Act (notification of deaths)—

(a)after “Benefits Act” insert “, Parts II and III of the Jobseekers (Northern Ireland) Order 1995” ; and

(b)for “either of them” substitute “either of those Acts or those Parts”.

42.  In section 119 of the Administration Act (information to be provided by personal representatives in certain cases), in subsection (1), after “support” insert, “an income-based jobseeker’s allowance”.

43.  In section 120 of the Administration Act (information for purposes of housing benefit), in subsections (1) and (2), after “Benefits Act” insert, in each place, “, the Jobseekers (Northern Ireland) Order 1995”.

44.  In section 144(1) of the Administration Act (destination of repayments), after “Subject to” insert “Article 38 of the Jobseekers (Northern Ireland) Order 1995 and to”.

45.  In section 149 of the Administration Act (functions of the Social Security Advisory Committee), in subsection (5), after “payments;” insert—

(aa)the provisions of the Jobseekers (Northern Ireland) Order 1995;.

46.—(1) Section 153(4) of the Administration Act (co-ordination with Great Britain) is amended as follows.

(2) In paragraph (a), after “Benefits Act” insert “, the Jobseekers (Northern Ireland) Order 1995”.

(3) In paragraph (b), after “Benefits Act” insert “, the Jobseekers Act 1995”.

(4) After “income support;” insert—

(ia)income-based jobseeker’s allowance;.

47.—(1) Section 154 of the Administration Act (reciprocal arrangements with Great Britain) is amended as follows.

(2) In subsection (1), after “Benefits Act” insert “, the Jobseekers (Northern Ireland) Order 1995”.

(3) After subsection (2)(a) insert—

(aa)income-based jobseeker’s allowance;.

(4) In subsection (3), after “this Act” insert (in each place) “, the Jobseekers (Northern Ireland) Order 1995”.

48.—(1) Section 155 of the Administration Act (reciprocal agreements with countries outside the United Kingdom) is amended as follows.

(2) In subsection (3), after “this Act” insert “, the Jobseekers (Northern Ireland) Order 1995”.

(3) In subsection (4), after “Benefits Act;” insert—

(aa)to the Jobseekers (Northern Ireland) Order 1995;.

(4) After subsection (5)(a) insert—

(aa)jobseeker’s allowance;.

49.  In section 156 of the Administration Act (payment of travelling expenses by Department), after “Benefits Act” (in both places) insert “, the Jobseekers (Northern Ireland) Order 1995”.

50.  In section 163 of the Administration Act (certain benefit to be inalienable), after subsection (1)(a) insert—

(aa)a jobseeker’s allowance;.

51.—(1) Section 167(1) of the Administration Act (interpretation) is amended as follows.

(2) In the definition of “benefit”, after “Act” insert “and includes a jobseeker’s allowance”.

(3) After the definition of “Consolidated Fund” insert—

  • “contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995;.

(4) After the definition of “the Housing Executive” insert—

  • “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995;.

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