The Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999

Amendment of the Jobseeker’s Allowance Regulations

9.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) shall be amended in accordance with paragraphs (2) to (17).

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the Registered Homes Order” there shall be inserted the following definition—

““the 1998 Order” means the Social Security (Northern Ireland) Order 1998;” and

(b) after the definition of “date of claim” there shall be inserted the following definition—

““the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999;”.

(3) In—

(a) regulation 31(g) (contents of jobseeker’s agreement);

(b) regulation 35 (automatic back-dating of a jobseeker’s agreement);

(c) regulation 39 (variation of agreement: matters to be taken into account);

(d) regulation 70 (sanctions of discretionary length);

(e) regulation 101(11) (calculation of net profit of self-employed earners);

(f) regulation 139 (disregard of changes occurring during summer vacation); and

(g) regulation 140 (meaning of “person in hardship”),

for “an adjudication officer”, in each place where it occurs, there shall be substituted “the Department”.

(4) In regulation 31(g)—

(a) in sub-paragraph (ii) for “review” there shall be substituted “revision or supersession”; and

(b) in sub-paragraph (iii)—

(i) for “a social security appeal tribunal” there shall be substituted “an appeal tribunal”, and

(ii) for “on a review” there shall be substituted “following a revision or supersession”.

(5) In—

(a) regulation 32 (back-dating of a jobseeker’s agreement by an adjudication officer);

(b) regulation 33 (notification of determinations and directions under Article 11 of the Order);

(c) regulation 40 (notification of determinations and directions under Article 12 of the Order);

(d) regulation 55(1)(b) (short periods of sickness);

(e) regulation 94(9) (calculation of earnings derived from employed earner’s employment and income other than earnings);

(f) regulation 99(5) (calculation of net earnings of employed earners);

(g) regulation 101(13) (calculation of net profit of self-employed earners);

(h) regulation 105(4), (12), (13)(2) and (16) (notional income);

(i) regulation 140 (meaning of “person in hardship”);

(j) regulation 141(3) (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship);

(k) regulation 147(6)(b) (urgent cases);

(l) Schedule 2 (housing costs), in paragraph 17(2) and (7)(a) (non-dependant deductions); and

(m) Schedule 3 (applicable amounts of persons in residential care and nursing homes), in paragraph 9(3)(d) (circumstances in which the maximum is not to apply),

for “adjudication officer”, in each place where it occurs, there shall be substituted “Department”.

(6) In regulation 32—

(a) in the heading “by an adjudication officer” shall be omitted; and

(b) in paragraph (d) for “he considers” there shall be substituted “it considers”.

(7) In regulation 39 for “he considers” there shall be substituted “it considers”.

(8) In—

(a) regulation 51(2)(b)(ii) (remunerative work);

(b) regulation 104(1) (capital treated as income);

(c) regulation 106(1) (modifications in respect of children and young persons);

(d) regulation 111(b)(i) (calculation of capital in the United Kingdom); and

(e) Schedule 2 (housing costs), in paragraphs 12(6) and 13(2)(a) (linking rule),

for “review” there shall be substituted “supersession”.

(9) In regulation 68(1) and (2)(3) (reduced amount of allowance) for “adjudication officer's” there shall be substituted “Department's”.

(10) In regulation 101(8)—

(a) for “An adjudication officer” there shall be substituted “The Department”; and

(b) for “he is not” there shall be substituted “it is not”.

(11) In regulation 105(12) (notional income) for “subsequent review” there shall be substituted “review or supersession”.

(12) In regulation 140(1)(g)(ii) for “his decision” there shall be substituted “its decision”.

(13) In regulation 140A(1)(4) (period when a person is not a person in hardship) for “regulation 56A(6) of the Social Security (Adjudication) Regulations (Northern Ireland) 1995 (jobseeker’s allowance questions not immediately determinable)” there shall be substituted “regulation 7(8) of the Decisions and Appeals Regulations”.

(14) In regulation 141(5) for “regulation 36 of the Claims and Payments Regulations (suspension in individual cases)” there shall be inserted “regulation 16 of the Decisions and Appeals Regulations”.

(15) In—

(a) regulation 142(3) (further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship); and

(b) regulation 146(1)(a) (payments made on account of suspended benefit),

for “section 5(1)(o) of the Administration Act (suspension of benefit)” there shall be substituted “Article 21 of the 1998 Order”.

(16) In regulation 163(3) (calculation of earnings), in regulation 101 (calculation of earnings derived from work as a share fisherman)—

(a) in paragraph (9)—

(i) for “An adjudication officer” there shall be substituted “The Department”, and

(ii) for “he is not” there shall be substituted “it is not”;

(b) in paragraph (11)—

(i) for “an adjudication officer” there shall be substituted “the Department”, and

(ii) for “he considers” there shall be substituted “it considers”; and

(c) in paragraph (12) for “adjudication officer” there shall be substituted “Department”.

(17) In Schedule 2 (housing costs)—

(a) in paragraph 12(8)(b) (excessive housing costs) for “or review” there shall be substituted “, revision or supersession”; and

(b) in paragraph 13(1) (linking rule)—

(i) in head (a)(i) for “review” there shall be substituted “revision”, and

(ii) in head (b) for “or review” there shall be substituted “, revision or supersession”.

(1)

S.R. 1996 No. 198; relevant amending regulations are S.R. 1997 Nos. 165 and 541 and S.R. 1998 No. 421

(2)

Paragraph (13) was amended by regulation 13(1)(b) of S.R. 1998 No. 421

(3)

Regulation 68(1) and (2) was amended by regulation 6 of S.R. 1997 No. 165

(4)

Regulation 140A was inserted by regulation 12 of S.R. 1997 No. 541