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(This note is not part of the Regulations.)
These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”).
Regulation 2 makes provision for treating as available for employment a person whose time for claiming a jobseeker’s allowance has been extended in certain circumstances from the usual time (the first day of the period in respect of which the claim is made) by a direction of the Department of Health and Social Services. Those circumstances are that the claimant was previously in receipt of incapacity benefit or income support as a result of incapacity, that notification of expiry of that benefit was not sent to the claimant before the date that his entitlement expired, and that the claimant is available for employment (or is treated as such) on the day that he claims a jobseeker’s allowance.
Regulations 3 and 4 make provision for treating as actively seeking employment a person who is treated as available for employment under regulation 2, and a person who has recently been discharged from detention and is treated as available for employment under regulation 14(1)(h) of the Jobseeker’s Allowance Regulations.
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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