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The Jobseeker’s Allowance (Transitional Provisions) Regulations (Northern Ireland) 1996

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Part-time students

13.—(1) This regulation applies to a person (referred to in this regulation as a “participant”) to whom regulation 5 or 6 applies and who on 31st July 1996 was entitled to income support or unemployment benefit.

(2) In the case of a participant who on 31st July 1996 was treated as available for employment in accordance with regulation 9(1)(c) of the Income Support Regulations (persons treated as available for employment), he shall continue to be treated as available for employment for the purposes of a jobseeker’s allowance, notwithstanding any regulation to the contrary, for so long as he continues to satisfy—

(a)the requirements of regulation 9(1)(c) of the Income Support Regulations as in operation on 31st July 1996, and

(b)the provisions of paragraph (4).

(3) A participant who on 31st July 1996—

(a)although attending a course of study within the meaning of regulation 7(3)(c) of the Unemployment Benefit Regulations(1) was not a student for the purposes of regulation 7(1)(m) of those regulations(2), or

(b)although attending a course of study was not a student for the purposes of regulation 10 of the Income Support Regulations(3),

shall be treated for the purposes of any regulations relating to a jobseeker’s allowance as if he was a part-time student within the meaning of those regulations for so long as he continues—

(i)to attend the course of study referred to in sub-paragraph (a) or (b), and

(ii)to satisfy the provisions of paragraph (4).

(4) The provisions of this paragraph are that—

(a)the participant continues to follow the course of study or, as the case may be, the course of education, training or instruction, which he was following on 31st July 1996, and

(b)his award of a jobseeker’s allowance which arose in accordance with regulation 7 or on a claim treated as made under regulation 6 has not terminated and for the purpose of determining whether the award has terminated any period which is a linked period under regulation 3 shall be disregarded and 2 awards separated by a linking period shall be treated as a single award.

(1)

Paragraph (3) was substituted by regulation 5(2)(b) of S.R. 1990 No. 297

(2)

Paragraph (1)(m) was substituted by regulation 5(2)(a) of S.R. 1990 No. 297 and amended by regulation 17(8) of S.R. 1995 No. 150

(3)

Regulation 10 was amended by S.R. 1988 No. 146, S.R. 1989 No. 365 and S.R. 1990 Nos. 297 and 305

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