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The Social Security and Child Support (Jobseeker’s Allowance) (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 1996

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Statutory Rules of Northern Ireland

1996 No. 441

SOCIAL SECURITY

FAMILY LAW

CHILD SUPPORT

The Social Security and Child Support (Jobseeker’s Allowance) (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 1996

Made

23rd September 1996

Coming into operation

6th October 1996

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 36(2) and 39 of the Jobseekers (Northern Ireland) Order 1995(1) and Article 47 of the Child Support (Northern Ireland) Order 1991(2) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security and Child Support (Jobseeker’s Allowance) (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 6th October 1996.

Amendment of the Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations

2.  For regulation 6 of the Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 1996(3) there shall be substituted the following regulation—

Transition from unemployment benefit to a jobseeker’s allowance

6.  In regulation 5 of the Transitional Provisions Regulations (transition from unemployment benefit to a jobseeker’s allowance) for paragraphs (1) and (2) there shall be substituted the following paragraphs—

(1) Paragraph (1A) shall apply in the case of a person to whom unemployment benefit was payable in respect of the relevant day.

(1A) In a case where, in accordance with a notice issued to him under regulation 19 of, and paragraph 1 of Schedule 5 to, the Claims and Payments Regulations, a person claims unemployment benefit—

(a)on or after 7th October 1996 but before 13th October 1996 and in consequence of that claim unemployment benefit is awarded, that award shall have effect as—

(i)an award of unemployment benefit until the end of the benefit week that includes the relevant day, and

(ii)thereafter as an award of a jobseeker’s allowance until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case;

(b)on or after 14th October 1996 but before 20th October 1996 and in consequence of that claim unemployment benefit is awarded, that award shall have effect as—

(i)an award of unemployment benefit for the first benefit week falling within the period of the claim, and

(ii)thereafter as an award of a jobseeker’s allowance until such date as the claimant fails to satisfy, or in respect of which he ceases to be treated as satisfying, any condition of entitlement to a jobseeker’s allowance which applies in his case.

(2) An award of unemployment benefit—

(a)made in accordance with regulation 17(4)(b) of the Claims and Payments Regulations, or

(b)made on or after 7th October 1996 for a period commencing before 7th October 1996,

and which extends beyond the benefit week which includes the relevant day shall terminate at the end of that benefit week..

Amendment of the Child Support (Miscellaneous Amendments) Regulations

3.—(1) Regulation 7 of the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1996(4) (transitional provisions) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph (3) for “continue to apply” there shall be substituted “apply with the amendments made by regulation 20(6) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996(5)”.

(3) In paragraph (4) for “continue to apply” there shall be substituted “apply with the amendments made by regulation 20(10) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996”.

Sealed with the Official Seal of the Department of Health and Social Services on 23rd September 1996

L.S.

John O'Neill

Assistant Secretary

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 1996 and make provision for awards of unemployment benefit during the period 7th to 20th October 1996 to be treated in part as an award of unemployment benefit and thereafter as an award of a jobseeker’s allowance.

They also amend the Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 to insert references to amendments made by the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

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