The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Short periods of sickness

55.—(1) Subject to paragraphs (2) to (4), a person who—

(a) satisfies the requirements for entitlement to a jobseeker’s allowance or satisfies those requirements other than those specified in Article 3(2)(a) or (c) of the Order or is a person to whom any of the circumstances mentioned in Article 21(5) or (6) of the Order apply;

(b) proves to the satisfaction of the adjudication officer that he is unable to work on account of some specific disease or disablement, and

(c) but for his disease or disablement, satisfies the requirements for entitlement to a jobseeker’s allowance other than those specified in Article 3(2)(a), (c) and (f) of the Order (available for and actively seeking employment, and capable of work),

shall be treated for a period of not more than 2 weeks as capable of work, except where the claimant states in writing that for the period of his disease or disablement he proposes to claim or has claimed incapacity benefit, severe disablement allowance or income support.

(2) The evidence which is required for the purposes of paragraph (1)(b) is a declaration made by the claimant in writing, in a form approved for the purposes by the Department, that he has been unfit for work from and including a date or for a period specified in the declaration.

(3) Paragraphs (1) and (2) shall not apply to a claimant on more than 2 occasions in any one jobseeking period or where a jobseeking period exceeds 12 months, in each successive 12 months within that period and for the purposes of calculating any period of 12 months, the first 12 months in the jobseeking period commences on the first day of the jobseeking period.

(4) Paragraphs (1) to (3) shall not apply to any person where the first day in respect of which he is unable to work falls within 8 weeks of—

(a) an entitlement of his to incapacity benefit, severe disablement allowance or statutory sick pay, or

(b) an entitlement to income support where the person claiming a jobseeker’s allowance satisfied the requirements for a disability premium by virtue of paragraph 12(1)(b) of Schedule 2 to the Income Support Regulations.