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The Jobseekers (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

Article 40(1).

SCHEDULE 2Consequential Amendments

The Industrial Relations (Northern Ireland) Order 1976 (NI 16)

1.—(1) Article 72 of the Industrial Relations (Northern Ireland) Order 1976 (recoupment of certain benefits) is amended as follows.

(2) In paragraphs (1) to (5) and (7), for “unemployment benefit” substitute, in each place, “jobseeker’s allowance”.

(3) In paragraph (1)(b), for “either benefit” substitute “jobseeker’s allowance or income support”.

(4) In paragraph (2)(b), after “recoupment of” insert “an income-based jobseeker’s allowance or”.

(5) In paragraph (4), after “reference to the” insert “jobseeker’s allowance or”.

(6) In paragraph (7), in the appropriate place, insert—

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

The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8)

2.—(1) The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 is amended as follows.

(2) In Article 3(1)(b) (persons eligible for advice and assistance), after “income support” insert “, an income-based jobseeker’s allowance (payable under the Jobseekers (Northern Ireland) Order 1995)”.

(3) In Article 7(2) (contributions from persons receiving advice or assistance), after “income support” insert “, an income-based jobseeker’s allowance (payable under the Jobseekers (Northern Ireland) Order 1995)”.

(4) In Article 14(5) (regulations as to cases in which persons are to be taken to be in receipt of income support), after “income support” insert “, an income-based jobseeker’s allowance (payable under the Jobseekers (Northern Ireland) Order 1995)”.

The Education Reform (Northern Ireland) Order 1989 (NI 20)

3.  In Article 131(3) of the Education Reform (Northern Ireland) Order 1989 (charges and remissions: parents receiving benefit), after “family credit” insert “or an income-based jobseeker’s allowance (payable under the Jobseekers (Northern Ireland) Order 1995)”.

The Child Support (Northern Ireland) Order 1991 (NI 23)

4.—(1) The Child Support (Northern Ireland) Order 1991 is amended as follows.

(2) In Article 2(2) (interpretation), after the definition of “income support” insert—

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

(3) In Article 9(1) (applications by those receiving benefit), after “income support,” insert “an income-based jobseeker’s allowance,”.

(4) In Article 16(2) (use by Department of information acquired under other enactments), after “benefit Acts” insert “or the Jobseekers (Northern Ireland) Order 1995”.

(5) In Article 43(11) (definitions), in the definition of “relevant benefit”, after “income support,” insert “an income-based jobseeker’s allowance,”.

(6) In Article 44(2)(b) (regulations about fees), after “income support,” insert “an income-based jobseeker’s allowance,”.

(7) In paragraph 5(4) of Schedule 1 (assessable income), after “income support” insert “, an income-based jobseeker’s allowance”.

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

5.  In section 22 of the Benefits Act (earnings factors), in subsections (2)(a) and (5) , after “entitlement to” insert, in each place, “a contribution-based jobseeker’s allowance or to”.

6.  In section 61 of the Benefits Act (exclusion of increase of benefit for failure to satisfy contribution condition), for subsection (2) substitute—

(2) Where a person is entitled to short-term incapacity benefit at a rate determined under section 30B(3) above and the retirement pension by reference to which the rate of the benefit is determined—

(a)would have been payable only by virtue of section 60 above, and

(b)would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension,

the benefit shall not be increased under section 47(1) above or under Part IV below on account of a child or an adult..

7.  In section 82 of the Benefits Act (short-term benefit: increase for adult dependants), for subsection (2) substitute—

(2) Subject, in particular, to subsection (5) and section 87 below, the weekly rate of a maternity allowance shall be increased by the amount specified in relation to that benefit in Schedule 4, Part IV, column (3) (“the amount of the relevant increase”) for any period to which this subsection applies by virtue of subsection (3) or (4) below.

8.  In section 84 of the Benefits Act (pension increase for dependent husband), for subsection (1)(a) substitute—

(a)which began immediately on the termination of a period for which the pensioner was entitled to an increase in incapacity benefit by virtue of any provision of regulations under section 86A below prescribed for the purposes of this paragraph, and.

9.  In section 87 of the Benefits Act (rate of increase where associated retirement pension is attributable to reduced contributions), for subsection (1)(a) substitute—

(a)is entitled to short-term incapacity benefit under section 30A(2)(b) above; and.

10.  In section 91 of the Benefits Act (effect of trade disputes on entitlement to dependency increases), for subsection (2) substitute—

(2) A person falls within the subsection if—

(a)he is prevented for being entitled to a jobseeker’s allowance by Article 16 of the Jobseekers (Northern Ireland) Order 1995 (trade disputes); or

(b)he would be so prevented if he were otherwise entitled to that benefit..

11.  In section 116 of the Benefits Act (application to Her Majesty’s forces), in subsection (2), for the words following “provide” substitute—

  • , in the case of persons who are employed earners in respect of their membership of those forces, for reducing the rate of the contributions payable in respect of their employment and for determining—

    (a)

    the amounts payable on account of those contributions by the Secretary of State and the time and manner of payment, and

    (b)

    the deduction (if any) to be made on account of those contributions from the pay of those persons..

12.  In section 121(1) of the Benefits Act (interpretation of Parts I to VI of that Act), after the definition of “contract of service” insert—

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

13.—(1) Section 123 of the Benefits Act (entitlement to income support) is amended as follows.

(2) For subsection (1)(a) substitute—

(a)he is of or over the age of 16;.

(3) Omit “and” at the end of subsection (1)(c).

(4) For subsection (1)(d) substitute—

(d)except in such circumstances as may be prescribed, he is not receiving relevant education;.

(5) After subsection (1)(d) insert—

(e)he falls within a prescribed category of person; and

(f)he is not entitled to a jobseeker’s allowance and, if he is a member of a married or unmarried couple, the other member of the couple is not entitled to an income-based jobseeker’s allowance..

14.  In section 125 of the Benefits Act (income support: trade disputes)—

(a)in subsection (1)(a), for “is disqualified under section 27 above for receiving unemployment benefit” substitute “is prevented from being entitled to a jobseeker’s allowance by Article 16 of the Jobseekers (Northern Ireland) Order 1995 (trade disputes)” ; and

(b)in subsection (1)(b), for “disqualified” substitute “prevented”.

15.  In section 126 of the Benefits Act (effect of return to work), for “disqualified for receiving unemployment benefit” substitute “prevented from being entitled to a jobseeker’s allowance”.

16.  In section 127 of the Benefits Act (family credit), in subsection (4)(b), after “income support” insert “, an income-based jobseeker’s allowance”.

17.  In section 128 of the Benefits Act (disability working allowance), in subsections (2)(a)(iii) and (7)(b), after “income support” insert, in each place, “,an income-based jobseeker’s allowance”.

18.—(1) Section 133 of the Benefits Act (interpretation of Part VII and supplementary provisions) is amended as follows.

(2) In subsection (1), after the definition of “family” insert—

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

(3) For subsection (2)(d) substitute—

(d)as to circumstances in which a person is or is not to be treated as engaged or normally engaged in remunerative work;.

19.—(1) Schedule 7 to the Benefits Act (industrial injuries benefit) is amended as follows.

(2) In paragraph 3(10), for “it has for the purposes of unemployment benefit” substitute a “a jobseeking period and any period linked to such a period has for the purposes of the Jobseekers (Northern Ireland) Order 1995”.

(3) For paragraph 13(1) substitute—

(10) “Day of interruption of employment” means a day which forms part of—

(a)a jobseeking period (as defined by the Jobseekers (Northern Ireland) Order 1995), or

(b)a linked period (as defined by that Order)..

20.  In Schedule 13 to the Benefits Act (relationship of statutory maternity pay with benefits and other payments), for paragraph 1 substitute—

1.  Except as may be prescribed, a day which falls within the maternity pay period shall not be treated as a day of incapacity for work for the purposes of determining, for this Act, whether it forms part of a period of incapacity for work for the purposes of incapacity benefit..

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;.

The Children (Northern Ireland) Order 1995 (NI 2)

52.—(1) The Children (Northern Ireland) Order 1995 is amended as follows.

(2) In Article 2(2) (interpretation), after the definition of “ill-treatment” insert—

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

(3) In Article 18(9) (person receiving benefit not to be liable to repay assistance), at the end add “or of an income-based jobseeker’s allowance”.

(4) In Article 24(3) (person receiving benefit not to be liable to repay charges), at the end add “or of an income-based jobseeker’s allowance”.

(5) In Article 39(4) (person receiving benefit not to be liable to make contributions), at the end add “or of an income-based jobseeker’s allowance”.

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