The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the Jobseeker’s Allowance (Transitional Provisions) Regulations (Northern Ireland) 1996, the Social Security (Back to Work Bonus) Regulations (Northern Ireland) 1996, the Social Security (General Benefit) Regulations (Northern Ireland) 1984 and the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992.

Regulation 2 makes a number of amendments to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996—

(a) the definition of “benefit week” is amended to provide for jobseeker’s who have a Saturday benefit week ending;

(b) the definition of “close relative” is amended in relation to young persons;

(c) a definition of the Earnings Top-up Scheme is inserted, and arrears of earnings top-up are to be treated as capital and disregarded when assessing jobseeker’s allowance;

(d) the definition of “employed earner” is amended to include people employed in the Republic of Ireland;

(e) part-time employment in the Royal Irish Regiment or Royal Ulster Constabulary Reserve to be taken into account in determining if a claimant has taken reasonable steps to secure the best prospects of employment;

(f) a period of interruption of employment for unemployment benefit purposes is included as a “linked period”;

(g) people coming to Northern Ireland from Montserrat because of the volcanic activity there are excluded from the definition of “persons from abroad”;

(h) a person in residential accommodation provided by the Department who is still in that accommodation when it becomes a residential care home for the purposes of the Regulations will continue to be treated as being in residential accommodation, notwithstanding that the Department may no longer be under a duty to provide or make arrangements for providing accommodation for him;

(i) allowances paid in the Republic of Ireland to assist a person to become a self-employed earner to be taken into account in the calculation of earnings;

(j) the date child support maintenance is treated as paid is altered, as are the dates on which hardship payments are made;

(k) days of entitlement to a contribution-based jobseeker’s allowance can count towards the qualifying period for help with mortgage interest available in respect of income-based jobseeker’s allowance;

(l) a definition of training and training allowance is added, and the amount deducted in respect of the earnings of a non-dependant is increased to £12 to align jobseeker’s allowance with income support, and

(m) a number of minor amendments are also being made.

Regulation 3 amends the Jobseeker’s Allowance (Transitional Provisions) Regulations (Northern Ireland) 1996 so that periods of disqualification for receiving unemployment benefit are treated as counting towards the maximum number of days a jobseeker’s allowance is payable.

Regulation 4 makes a number of amendments to the Social Security (Back to Work Bonus) Regulations (Northern Ireland) 1996—

(a) the provisions on whether earnings should be taken into account are amended;

(b) technical amendments are made to regulations 7 and 15;

(c) two further circumstances in which a person aged 60 or over who claims income support may be entitled to a bonus are added to regulation 17; and

(d) the earnings to be taken into account in respect of share fishermen are limited to those earned whilst entitled to contribution-based jobseeker’s allowance.

The Social Security (General Benefit) Regulations (Northern Ireland) 1984 are amended so that rules on the payment of benefit and suspension of payments pending a decision on appeals or references, and arrears and repayments similar to those that apply to unemployment benefit will apply to a jobseeker’s allowance.

The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 are amended in consequence of an earlier amendment to these Regulations related to the introduction of jobseeker’s allowance; and amendment is also made so that a reduced benefit direction may be suspended when specified deductions are being made from Jobseeker’s Allowance.

These Regulations revoke regulation 27 of the Social Security and Child Support (Jobseeker’s Allowance) (Amendment) Regulations (Northern Ireland) 1996 and regulation 9(b) of the Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996.

These Regulations correspond 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.