EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the contribution conditions for jobseeker’s allowance and employment and support allowance.
Regulation 2 amends the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to provide, for the purpose of the first contribution condition, that a claimant’s relevant earnings shall be the total amount of the claimant’s earnings at the lower earnings limit for the base year (and disregarding earnings which exceed that limit).
Regulation 3(2) makes a corresponding amendment to the Employment and Support Allowance Regulations (Northern Ireland) 2008.
Regulation 3(3) amends regulation 8 of those Regulations which relates to the relaxation of the first contribution condition in certain circumstances. To qualify for the relaxation, a claimant must have earnings at the lower earnings limit in a tax year which are not less than 26 times that year’s lower earnings limit (although disregarding any earnings which exceed that limit) on which primary Class 1 contributions have been paid or treated as paid, or an earnings factor in that tax year derived from Class 2 contributions multiplied by 26.
Article 4(2A) of the Jobseekers (Northern Ireland) Order 1995 and paragraph 1(3) of Schedule 1 to the Welfare Reform Act (Northern Ireland) 2007, some of the enabling provisions under which these Regulations are made, were inserted and substituted respectively by sections 11(3) and 12(4) of the Welfare Reform Act (Northern Ireland) 2010. Section 11(3) was brought into operation on 1st October 2010 and section 12(4) was brought into operation for the purpose of making regulations on 1st October 2010 and for all other purposes on 1st November 2010 by virtue of the Welfare Reform (2010 Act) (Commencement No. 2) Order (Northern Ireland) 2010 (S.R. 2010 No. 341 (C. 21)).
As these Regulations are made by virtue of, or consequential upon, sections 11 and 12 of the Welfare Reform Act (Northern Ireland) 2010 and are made before the end of the period of 6 months from the commencement of those provisions, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from prior reference to the Social Security Advisory Committee.