The Welfare Reform (Northern Ireland) Order 2015

CHAPTER 4 Entitlement to work

Entitlement to work: jobseeker’s allowance

66.—(1) The Jobseekers Order is amended as follows.

(2) In Article 3 (jobseeker’s allowance), in paragraph (2), before sub-paragraph (a) insert—

“(za) is entitled to be in employment in the United Kingdom;”.

(3) In that Article, after paragraph (3) insert—

“(3A) For the purposes of paragraph (2)(za), a person is entitled to be in employment in the United Kingdom if, and only if—

(a) the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b) the person has been granted such leave and—

(i) the leave is not invalid,

(ii) the leave has not for any reason ceased to have effect, and

(iii) the leave is not subject to a condition preventing the person from accepting any employment.”

(4) In Schedule 1 (supplementary provisions), after paragraph 8 insert—

“8ZA.   Regulations may prescribe circumstances in which a person may be entitled to a jobseeker’s allowance without being entitled to be in employment in the United Kingdom.”

Entitlement to work: employment and support allowance

67.—(1) The Welfare Reform Act (Northern Ireland) 2007 is amended as follows.

(2) In section 1 (employment and support allowance), in subsection (3), before paragraph (a) insert—

“(za) is entitled to be in employment in the United Kingdom,”.

(3) In that section, after subsection (3A) insert—

“(3B) For the purposes of subsection (3)(za), a person is entitled to be in employment in the United Kingdom if, and only if—

(a) the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b) the person has been granted such leave and—

(i) the leave is not invalid,

(ii) the leave has not for any reason ceased to have effect, and

(iii) the leave is not subject to a condition preventing the person from accepting any employment.”

(4) In Schedule 2 (supplementary provisions), after paragraph 4A (as inserted by Article 60) insert—

“Entitlement to work in the United Kingdom

4B.   Regulations may provide that in prescribed circumstances a person who is not entitled to be in employment in the United Kingdom may nevertheless be entitled to an employment and support allowance.”

Entitlement to work: maternity allowance and statutory payments

68.—(1) The Contributions and Benefits Act is amended as follows.

(2) In section 35 (state maternity allowance)—

(a) in subsection (1), after paragraph (d) insert—

“and

(e) at the commencement of the week referred to in paragraph (a) above she was entitled to engage in the employment referred to in paragraph (b) above.”;

(b) in subsection (3), before paragraph (a) insert—

“(za) for circumstances in which subsection (1)(e) above does not apply;”.

(3) In section 160 (statutory maternity pay)—

(a) in subsection (2), after paragraph (a) insert—

“(aa) that at the end of the week immediately preceding that 14th week she was entitled to be in that employment;”;

(b) in subsection (9), after paragraph (d) insert—

“(da) provide for circumstances in which subsection (2)(aa) above does not apply;”.

(4) In section 167ZA (statutory paternity pay: birth)—

(a) in subsection (2), after paragraph (b) insert—

“(ba) that at the end of the relevant week he was entitled to be in that employment;”;

(b) after subsection (3) insert—

“(3A) Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.”

(5) In section 167ZB (statutory paternity pay: adoption)—

(a) in subsection (2), after paragraph (b) insert—

“(ba) that at the end of the relevant week he was entitled to be in that employment;”;

(b) after subsection (3) insert—

“(3A) Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.”

(6) In section 167ZL (statutory adoption pay: entitlement)—

(a) in subsection (2), after paragraph (b) insert—

“(ba) that at the end of the relevant week he was entitled to be in that employment;”;

(b) in subsection (3), after “(2)(b)” insert “, (ba)”;

(c) in subsection (8), before paragraph (a) insert—

“(za) exclude the application of subsection (2)(ba) above in prescribed circumstances;”.

(7) After section 169 (age) insert—

“Entitlement to be in employment

169A.   For the purposes of this Act a person is entitled to engage in or to be in any employment if (and only if)—

(a) the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b) the person has been granted such leave and—

(i) the leave is not invalid,

(ii) the leave has not for any reason ceased to have effect, and

(iii) the leave is not subject to a condition preventing the person from accepting that employment.”

(8) In Schedule 11 (statutory sick pay: circumstances in which periods of entitlement do not arise)—

(a) in paragraph 2, after sub-paragraph (h) insert—

“(i) the employee is not entitled to be in his employment on the relevant date.”;

(b) after paragraph 8 insert—

“9.   Paragraph 2(i) above does not apply in prescribed circumstances.”

Entitlement to work: statutory shared parental pay

69.—(1) Part 12ZC of the Contributions and Benefits Act (inserted by section 5 of the Work and Families Act (Northern Ireland) 2015) is amended as follows.

(2) In section 167ZU(2) (entitlement: birth) after paragraph (c) insert—

“(ca) that at the end of that prescribed week the claimant mother was entitled to be in that employment,”.

(3) In section 167ZU(4) (entitlement: birth) after paragraph (d) insert—

“(da) that at the end of that prescribed week the claimant was entitled to be in that employment,”.

(4) In section 167ZW(2) (entitlement: adoption) after paragraph (c) insert—

“(ca) that at the end of that prescribed week claimant A was entitled to be in that employment,”.

(5) In section 167ZW(4) (entitlement: adoption) after paragraph (d) insert—

“(da) that at the end of that prescribed week claimant B was entitled to be in that employment,”.