Amendment of the Jobseeker’s Allowance Regulations2

1

The Jobseeker’s Allowance Regulations (Northern Ireland) 19963 are amended in accordance with paragraphs (2) to (10).

2

In regulation 1(2) (citation, commencement and interpretation)—

a

after the definition of “attendance allowance” insert—

  • “Back to Work Session” means a seminar or appointment referred to as “a Back to Work Session” arranged by or on behalf of the Department for Employment and Learning, the purpose of which is to provide a person who attends with information, support and advice with a view to assisting him to find employment or to improve his chances of finding employment;

b

in the definition of “the New Deal options”4 for “regulation 75(1)(a)” substitute “regulation 75(1)(a)(i) to (iii)”, and

c

before the definition of “terminal date” insert—

  • “Steps to Work” means the employment programme specified in regulation 75(1)(a)(vi);

3

In regulation 695 (prescribed period for purposes of Article 21(2))—

a

in paragraph (1)(a)6 for “or (d)” substitute “, (d), (e) or (f)”;

b

in paragraph (1)(b)7

i

after “75(1)(a)(iv)” insert “or a case which falls within sub-paragraph (f)”;

ii

in head (ii)(aa) after “regulation 75(1)(a)(v)” insert “or Steps to Work”;

iii

in head (ii)(cc) at the end omit “and”, and

iv

at the end of head (ii)(cc) insert “or” and the following sub-head—

dd

where the determination in head (i) relates to Steps to Work, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within Article 21(5) or 22A(2)(a) to (c) of the Order that relate to any element of that programme, and

c

after paragraph (1)(d)8 add—

e

26 weeks in any case (other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Core Gateway” specified in regulation 75(1)(a)(iv)) in which—

i

a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within Article 21(5) or 22A(2)(a) to (c) of the Order and the determination relates to an act or omission arising after this regulation comes into operation in respect of Steps to Work, and

ii

on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within Article 21(5) or 22A(2)(a) to (c) of the Order and each such determination relates to Steps to Work, and

iii

no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in head (i) is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either—

aa

a determination falling within sub-paragraph (b)(i) to which the circumstances in sub-paragraph (b)(ii)(dd) apply, or

bb

itself an earlier determination falling within head (i);

f

one week in a case where a jobseeker’s allowance is determined not to be payable in circumstances—

i

relating to a Back to Work Session, and

ii

falling within Article 21(5)(a) or 22A(2)(a) of the Order.

d

in paragraph (3)9

i

for “(1)(c) or (d)” substitute “(1)(c), (d) or (e)”, and

ii

in sub-paragraph (c) after “regulation 75(1)(a)(v)” insert “or Steps to Work”, and

e

for paragraph (4)(a) substitute—

a

begin on either—

i

the day specified in a notice by the Department for Employment and Learning as being the day on which the claimant is or was no longer required to participate in—

aa

any of the New Deal options,

bb

the Preparation for Employment Programme specified in regulation 75(1)(a)(v), or

cc

Steps to Work, or

ii

the day four weeks after the first day on which a jobseeker’s allowance was not payable as a result of the first determination mentioned in paragraph (3),

whichever is the later;

4

In regulation 73(2A)(a)10 (good cause for the purposes of Article 21(5)(b) of the Order) for “75(1)(a)” substitute “75(1)(a)(i) to (iii), (v) or (vi)”.

5

In regulation 7511 (interpretation)—

a

in paragraph (1)(a)—

i

for “Department of Economic Development” substitute “Department for Employment and Learning”, and

ii

for “head (iv)” substitute “heads (iv) to (vi)”, and

b

at the end of paragraph (1)(a)(v) insert “and” and the following head—

vi

Steps to Work, being the programme known by that name and provided pursuant to arrangements made by or on behalf of the Department for Employment and Learning under section 1 of the Employment and Training Act (Northern Ireland) 195012, which lasts for up to 78 weeks for any individual and consisting for that individual of one or more of the following elements—

aa

assisting in the completion of an action plan to record the activity that he will undertake whilst attending the programme in order to improve his employment prospects or to obtain employment;

bb

a work placement, training or other work-related activity lasting for a continuous period of at least four weeks;

cc

other work experience or training, guidance, support, motivation, assistance with job search or in pursuing self-employed earner’s employment or other activity designed to assist him to select, train for, obtain and retain suitable employment.

6

In regulation 140 (meaning of “person in hardship”)—

a

in paragraph (2)13 for “or (4A)” substitute “, (4A) or (4B)”;

b

in paragraph (4A)14 after “New Deal options” add “, the Preparation for Employment Programme specified in regulation 75(1)(a)(v) or Steps to Work”, and

c

after paragraph (4A) insert—

4B

In paragraph (2) a “person in hardship” does not include a claimant to whom Article 21(5)(a) of the Order applies by virtue of any refusal or failure relating to a Back to Work Session.

7

In regulation 140A15 (period when a person is not a person in hardship)—

a

in paragraph (1)(a) after “New Deal option,” insert “or the Preparation for Employment Programme specified in regulation 75(1)(a)(v) or Steps to Work”, and

b

in paragraph (4) after “New Deal options” add “or the Preparation for Employment Programme specified in regulation 75(1)(a)(v) or Steps to Work”.

8

In regulation 146A16 (meaning of “couple in hardship”)—

a

in paragraph (2) for “or (5)” substitute “, (5) or (5A)”;

b

in paragraph (5) after “New Deal option” add “or the Preparation for Employment Programme specified in regulation 75(1)(a)(v) or Steps to Work”, and

c

after paragraph (5) insert—

5A

In paragraph (2) a “couple in hardship” does not include a joint-claim couple where Article 22A(2)(a) of the Order applies to either or both members by virtue of any refusal or failure relating to a Back to Work Session.

9

In regulation 146B17 (period when a joint-claim couple is not in hardship)—

a

in paragraph (1)(a) after “New Deal option” insert “or the Preparation for Employment Programme specified in regulation 75(1)(a)(v) or Steps to Work”, and

b

in paragraph (4) after “New Deal options” add “or the Preparation for Employment Programme specified in regulation 75(1)(a)(v) or Steps to Work”.

10

In Schedule 2 (housing costs)—

a

in paragraph 13(1)(ee)(i)18 for “75(1)(a)” substitute “75(1)(a)(i) to (iii), the Preparation for Employment Programme specified in regulation 75(1)(a)(v) or Steps to Work”, and

b

in paragraph 13(3A)(a)19 for “75(1)(a)” substitute “75(1)(a)(i) to (iii), the Preparation for Employment Programme specified in regulation 75(1)(a)(v) or Steps to Work”.