The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Chapter V Jobseeker’s Agreement

Contents of Jobseeker’s Agreement

31.  The prescribed requirements for a jobseeker’s agreement are that it shall contain the following information—

(a) the claimant’s name;

(b) where the hours for which the claimant is available for employment are restricted in accordance with regulation 7 (restriction of hours for which a person is available to 40 hours per week), the total number of hours for which he is available and any pattern of availability;

(c) any restrictions on the claimant’s availability for employment, including restrictions on the location or type of employment, in accordance with regulations 5, 8, 13 and 17 (exceptions to requirement to be available immediately, other restrictions, additional restrictions for certain groups, and laid off and short-time workers);

(d) a description of the type of employment which the claimant is seeking;

(e) the action which the claimant will take—

(i) to seek employment, and

(ii) to improve his prospects of finding employment;

(f) the dates of the start and of the finish of any permitted period in his case for the purposes of Articles 8(5) and 9(5) of the Order;

(g) a statement of the claimant’s right—

(i) to have a proposed jobseeker’s agreement referred to an adjudication officer;

(ii) to seek a review of any determination of, or direction given by, an adjudication officer, and

(iii) to appeal to a social security appeal tribunal against any determination of, or direction given by, an adjudication officer on a review;

(h) the date of the agreement.

Back-dating of a Jobseeker’s Agreement by an adjudication officer

32.  In giving a direction under Article 11(7)(c) of the Order, the adjudication officer shall take into account all relevant matters including—

(a) where the claimant refused to accept the agreement proposed by the employment officer, whether he was reasonable in so refusing;

(b) where the claimant has signified to the employment officer or to the adjudication officer that the claimant is prepared to accept an agreement which differs from the agreement proposed by the employment officer, whether the terms of the agreement which he is prepared to accept are reasonable;

(c) where the claimant has signified to the employment officer or to the adjudication officer that the claimant is prepared to accept the agreement proposed by the employment officer, that fact;

(d) the date on which, in all the circumstances, he considers that the claimant was first prepared to enter into an agreement which the adjudication officer considers reasonable, and

(e) where the date on which the claimant first had an opportunity to sign a jobseeker’s agreement was later than the date on which he made a claim, that fact.

Notification of determinations and directions under Article 11 of the Order

33.  The claimant shall be notified of—

(a) any determination of the adjudication officer under Article 11 of the Order;

(b) any direction given by the adjudication officer under Article 11 of the Order.

Jobseeker’s Agreement treated as having been made

34.  A claimant is to be treated as having satisfied the condition mentioned in Article 3(2)(b) of the Order—

(a) where he is permitted to make a claim for a jobseeker’s allowance without attending at an office of the Department, for the period beginning with and including the date of claim and ending on the date on which he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(b) where, after the date of claim, the claim is terminated before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(c) as long as he is treated as available for employment in accordance with regulation 14 where the circumstances set out in that regulation arise after the date of claim and before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(d) as long as there are circumstances not peculiar to the claimant which make impracticable or unduly difficult the normal operation of the provisions governing, or the practice relating to, the claiming, awarding or payment of jobseeker’s allowance.

Automatic back-dating of Jobseeker’s Agreement

35.  Where a jobseeker’s agreement is signed on a date later than the date of claim and there is no reference of that agreement to an adjudication officer under Article 11(6) of the Order, the agreement shall be treated as having effect on the date of claim.

Jobseeker’s Agreement to remain in effect

36.  A jobseeker’s agreement entered into by a claimant shall not cease to have effect on the coming to an end of an award of a jobseeker’s allowance made to him—

(a) where a further claim for a jobseeker’s allowance is made within a period not exceeding 14 days, or

(b) in respect of any part of a period of suspension, where—

(i) payment under an award of a jobseeker’s allowance has been suspended by direction of the Department on the ground that a question arises whether the conditions for entitlement to the allowance are or were fulfilled or the award ought to be revised;

(ii) subsequently that suspension is cancelled in respect of future periods, and

(iii) it is then determined that the award should be revised to the effect that there was no entitlement to the allowance in respect of any part of the period of suspension, or

(c) for as long as the claimant satisfies the conditions of entitlement to national insurance credits, other than any condition relating to the existence of a jobseeker’s agreement, in accordance with the Social Security (Credits) Regulations (Northern Ireland) 1975(1).

Variation of Jobseeker’s Agreement

37.  The prescribed manner for varying a jobseeker’s agreement shall be in writing and signed by both parties in accordance with Article 12(2) of the Order on the proposal of the claimant or the employment officer.

Direction to vary Agreement: time for compliance

38.  The prescribed period for the purposes of Article 12(6)(c) of the Order shall be the period of 21 days beginning with and including the date on which the direction was issued.

Variation of Agreement: matters to be taken into account

39.  In giving a direction under Article 12(6)(b) or (d) of the Order an adjudication officer shall take into account the preference of the claimant if he considers that both the claimant’s proposals and those of the employment officer satisfy the requirements of Article 12(5) of the Order.

Notification of determinations and directions under Article 12 of the Order

40.  The claimant shall be notified of—

(a) any determination of the adjudication officer under Article 12 of the Order;

(b) any direction of the adjudication officer under Article 12 of the Order.

Procedure for reviews

41.—(1) This regulation applies to an application for a review under Article 13 of the Order.

(2) An application for a review to which this regulation applies shall—

(a) be made in writing;

(b) set out the grounds for the application, and

(c) be made to an appropriate office within the period of 3 months beginning with and including the date on which the determination or direction was notified to the claimant.

(3) Where a claimant submits an application for a review by post which would have arrived in the appropriate office in the ordinary course of the post within the period prescribed by paragraph (2)(c) but is delayed by postal disruption caused by industrial action whether within the postal service or elsewhere, that period shall expire on the day the application is received at the appropriate office if that day does not fall within the period prescribed by paragraph (2)(c).

(4) The adjudication officer shall proceed to deal with any question arising on a review to which this regulation applies in accordance with Articles 11 and 12 of the Order and regulations 31 to 39.

(5) The claimant shall be notified of any determination of, or direction given by, an adjudication officer on a review to which this regulation applies and shall be notified of his right to appeal to a social security appeal tribunal against any such determination or direction under Article 13(3) of the Order.

(6) Accidental errors in, or in the record of, any determination of, or direction given by, an adjudication officer on a review to which this regulation applies may be corrected by the adjudication officer who made the determination, or gave the direction, or by another adjudication officer.

(7) A correction made to, or to the record of, a determination or direction shall be deemed to be part of the determination or direction or of that record and the claimant and the employment officer shall be notified of it in writing as soon as practicable.

Appeals to Social Security Appeal Tribunal

42.  Parts I and II and in Part III regulations 22(1) to (3) and 23 and 24 of the Social Security (Adjudication) Regulations (Northern Ireland) 1995(2) shall apply in relation to appeals to the social security appeal tribunal under Article 13(3) of the Order as they apply to appeals to that tribunal under the Administration Act with the following modifications—

(a) in regulation 6(2), the addition of the words “or Article 13(3) of the Order ” after the words “Administration Act”;

(b) in Schedule 2, after entry 11, the addition of—

(i) in column (1), the words “Appeal to an appeal tribunal against any determination of, or direction given by, an adjudication officer on a review under Article 13 of the Order”;

(ii) in column (2), the words “the office of the Department which the claimant is required to attend in accordance with a notice under regulation 23 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, or any other place which he is so required to attend”;

(iii) in column (3), the words “3 months beginning with and including the date when notice in writing of the determination or direction was given to the claimant”.

Direction of Social Security Appeal Tribunal: time limit for compliance

43.  The prescribed period for the purposes of Article 13(5) of the Order shall be the period of 21 days beginning with and including the date on which the direction was issued.

Appeals to the Commissioner

44.  The Social Security Commissioners Procedure Regulations (Northern Ireland) 1987(3), except regulations 8, 12(2), 23, 28, 31(5), (6), (7) and (8), 32 and 33, shall apply in relation to appeals to the Commissioner under Article 13(6) of the Order as they apply in relation to appeals under section 21 of the Administration Act.

Appropriate person

45.  A trade union or other association which exists to promote the interests and welfare of its members shall be an appropriate person for the purposes of Article 13(6) of the Order where—

(a) the claimant is a member of the union or of the association, as the case may be, at the time of the appeal and was so immediately before the question at issue arose, or

(b) the question at issue is a question as to or in connection with entitlement of a deceased person who was at the time of his death a member of the union or of the association, as the case may be.

(1)

S.R. 1975 No. 113

(2)

S.R. 1995 No. 293

(3)

S.R. 1987 No. 112