The Jobseekers (Northern Ireland) Order 1995

Actively seeking employment

9.—(1) For the purposes of this Order, a person is actively seeking employment in any week if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment.

(2) Regulations may make provision—

(a) with respect to steps which it is reasonable, for the purposes of paragraph (1), for a person to be expected to have to take in any week;

(b) as to circumstances (for example, his skills, qualifications, abilities and physical or mental limitations) which, in particular, are to be taken into account in determining whether, in relation to any steps taken by a person, the requirements of paragraph (1) are satisfied in any week.

(3) Regulations may make provision for acts of a person which would otherwise be relevant for purposes of this Article to be disregarded in such circumstances (including circumstances constituted by, or connected with, his behaviour or appearance) as may be prescribed.

(4) Regulations may prescribe circumstances in which, for the purposes of this Order, a person is to be treated as actively seeking employment.

(5) Regulations under paragraph (4) may, in particular, provide for a person who is actively seeking employment—

(a) only in his usual occupation,

(b) only at a level of remuneration not lower than that which he is accustomed to receive, or

(c) only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive, to be treated, for the permitted period determined in his case for the purposes of Article 8(5), as actively seeking employment during that period.

(6) Regulations may provide for this Article, and any regulations made under it, to have effect in relation to a person who has reached the age of 16 but not the age of 18 as if “employment” included “training”.

(7) Where it has been determined (“the first determination”) that a person is to be treated, for the purposes of this Order, as actively seeking employment in any week, the question whether he is actively seeking employment in that week may subsequently be determined on a review of the first determination.

(8) For the purposes of this Article—

“employment” means employed earner’s employment or, in prescribed circumstances—

(a)

self-employed earner’s employment; or

(b)

employed earner’s employment and self-employed earner’s employment; and “employed earner’s employment” and

“self-employed earner’s employment” have the same meanings as in the Benefits Act.