The Social Security (Joint Claims Amendments) Regulations (Northern Ireland) 2001

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the Social Security (Credits) Regulations (Northern Ireland) 1975, the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 and the Housing Benefit (General) Regulations (Northern Ireland) 1987 to enable the effective introduction of the joint-claims regime.

Regulation 2 amends the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 by—

(a) clarifying the definition of a joint-claim couple so that it includes a couple where at least one member must be aged 18 or over (regulation 2(2));

(b) clarifying the position as to when a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance whilst one member is not required to satisfy the conditions in Article 3(2B)(b) of the Jobseekers (Northern Ireland) Order 1995 (“the Jobseekers Order”) and making a consequential amendment (regulation 2(3) and (6)(a));

(c) ensuring that joint claims do not have to be made in certain circumstances where one member of the couple is working 16 hours per week (regulation 2(4));

(d) providing that days where a member of a joint-claim couple satisfies the conditions for entitlement to a contribution-based jobseeker’s allowance and a joint-claim jobseeker’s allowance is not payable or is reduced because he is subject to sanctions for the purposes of Article 22A of the Jobseekers Order, shall be treated as a day of entitlement to a contribution-based jobseeker’s allowance (regulation 2(5));

(e) making an amendment which clarifies the rule as to when those receiving full-time education or those who are full-time students may be exempt from having to comply with the jobseeking conditions (regulation 2(6)(b));

(f) correcting a reference in paragraph 20M of Schedule 1 (regulation 2(7)).

Regulation 3 amends regulation 8A of the Social Security (Credits) Regulations (Northern Ireland) 1975 by preventing credits from being awarded where a joint-claim jobseeker’s allowance is not payable or is reduced because a person is subject to sanctions pursuant to Article 22A of the Jobseekers Order or where such a couple is only receiving a joint-claim jobseeker’s allowance because they are a couple in hardship.

Regulation 4 amends the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 by inserting definitions into regulation 1(2), providing a new right of appeal in regulation 26 against a decision that a couple are required to make a joint-claim and the reason for that decision is that one member of the couple who is working is not engaged in remunerative work and providing in paragraph 8 of Schedule 2A of the regulations an effective date where a joint-claim couple separate.

Regulation 5 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 by providing that where a member of a joint-claim couple to whom a joint-claim jobseeker’s allowance is payable disappears, that allowance shall be payable to the other member of that couple.

Regulation 6 amends the Housing Benefit (General) Regulations (Northern Ireland) 1987 by ensuring that where a claimant for those benefits is a member of a joint-claim couple and his partner is getting income-based jobseeker’s allowance, the whole of his income and capital will nevertheless be disregarded.

These Regulations are made by virtue of or in consequence of provisions in Article 56 of, and Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999. The Regulations are made before the end of the period of six months beginning with the coming into operation of those provisions, and are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.