The Jobseeker’s Allowance (Transitional Provisions) (No. 2) Regulations (Northern Ireland) 1996

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Jobseeker’s Allowance (Transitional Provisions) (No. 2) Regulations (Northern Ireland) 1996 and shall come into operation on 16th December 1996.

(2) In these Regulations—

“the Order” means the Jobseekers (Northern Ireland) Order 1995;

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(2);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3);

“the Unemployment Benefit Regulations” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations (Northern Ireland) 1984(4);

“benefit week”—

(a)

where the benefit is income support, has the meaning it has in the Income Support Regulations by virtue of regulation 2(1) of those Regulations(5) (interpretation);

(b)

where the benefit is unemployment benefit, means a period of 7 days ending on the day corresponding to the particular day specified in a written notice last given to the claimant by the Department for the purpose of claiming unemployment benefit;

(c)

where the benefit is a jobseeker’s allowance, has the same meaning it has in the Jobseeker’s Allowance Regulations by virtue of regulation 1(2) of those Regulations(6);

“day of unemployment” means a day which would, for the purposes of section 25A of the Benefits Act(7) as in force on 6th October 1996, be treated as a day of unemployment;

“jobseeking period” has the meaning specified in regulation 2;

“period of interruption of employment” in relation to unemployment benefit has the same meaning in these Regulations as it had in the Benefits Act by virtue of section 25A of that Act as in force on 6th October 1996;

“the relevant day” means—

(a)

in relation to income support, 6th October 1996, and

(b)

in relation to unemployment benefit—

(i)

except in a case to which sub-paragraph (ii) applies, 5th October 1996, or

(ii)

where in any particular case 6th October 1996 is a day of unemployment, that day;

“training” means training for which a training allowance is payable;

“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—

(a)

out of public funds by a government department or by or on behalf of the Department of Economic Development;

(b)

to a person for his maintenance or in respect of a member of his family, and

(c)

for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, a government department or approved by such department in relation to him or so provided or approved by or on behalf of the Department of Economic Development,

but it does not include an allowance paid by any government department to, or in respect of, a person by reason of the fact that he is following a course of full-time education, other than under provision or arrangements under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(8) or section 1(1) of the Employment and Training Act (Northern Ireland) 1950(9), or is training as a teacher;

“transitionally protected period” means the period specified in regulation 10.

(3) For the avoidance of doubt, a person complies with any requirement or provision of these Regulations if he is treated as complying with that requirement or provision.

(1)

S.R. 1987 No. 465; relevant amending Regulations are S.R. 1992 Nos. 83 and 453

(2)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 Nos. 146, 274, 318 and 431, S.R. 1989 Nos. 139, 249, 365 and 395, S.R. 1990 Nos. 131, 297 and 305, S.R. 1991 Nos. 46 and 338, S.R. 1992 No. 6, S.R. 1993 Nos. 149 and 218, S.R. 1994 Nos. 65, 327 and 474 and S.R. 1995 Nos. 67 and 367

(3)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 No. 358

(4)

S.R. 1984 No. 245; relevant amending Regulations are S.R. 1986 No. 266, S.R. 1989 No. 437, S.R. 1990 Nos. 276 and 297, S.R. 1994 No. 65 and S.R. 1995 Nos. 150 and 341

(5)

The definition of “benefit week” was amended by regulation 2(a) of S.R. 1988 No. 318

(6)

The definition of “benefit week” was amended by regulation 2(2) of S.R. 1996 No. 358

(7)

Section 25A was inserted by paragraph 5 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

(8)

1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

(9)

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))