The Social Security (Northern Ireland) Order 1998

The Jobseekers (Northern Ireland) Order 1995 (NI 15)

101.  In paragraph (2) of Article 2 (interpretation)—

(a) the definition of “adjudication officer” shall cease to have effect; and

(b) in the definition of “entitled”, for the words “sections 1 and 66 of the Administration Act” there shall be substituted the words “section 1 of the Administration Act and Article 27 of the Social Security (Northern Ireland) Order 1998”.

102.  After paragraph (3) of Article 4 (the contribution-based conditions) there shall be inserted the following paragraph—

“(3A) Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, paragraphs (2)(b) and (3) shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.”.

103.—(1) In paragraph (6) of Article 8 (availability for employment)—

(a) the words “(“the first determination”)” shall cease to have effect; and

(b) for the words “on a review of the first determination” there shall be substituted the words “under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998”.

(2) In paragraph (8)(c) of that Article, for the words “an adjudication officer” there shall be substituted the words “the Department”.

104.  In paragraph (7) of Article 9 (actively seeking employment)—

(a) the words “(“the first determination”)” shall cease to have effect; and

(b) for the words “on a review of the first determination” there shall be substituted the words “under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998”.

105.—(1) In paragraph (6) of Article 11 (the jobseeker’s agreement), for the words “an adjudication officer for him” there shall be substituted the words “the Department for it”.

(2) In paragraph (7) of that Article—

(a) for the words “An adjudication officer to whom a reference is made under paragraph (6)” there shall be substituted the words “On a reference under paragraph (6) the Department”;

(b) for the words “the adjudication officer” there shall be substituted the words “the Department”; and

(c) for the word “he” there shall be substituted the word “it”.

(3) In paragraph (8) of that Article, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Department”.

(4) Paragraph (9) of that Article shall cease to have effect.

106.—(1) In paragraph (5) of Article 12 (variation of jobseeker’s agreement), for the words “an adjudication officer for him” there shall be substituted the words “the Department for it”.

(2) In paragraph (6) of that Article—

(a) for the words “An adjudication officer to whom a reference is made under paragraph (5)” there shall be substituted the words “On a reference under paragraph (5) the Department”; and

(b) for the word “he”, in both places where it occurs, there shall be substituted the word “it”.

(3) In paragraph (7) of that Article, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Department”.

(4) Paragraph (8) of that Article shall cease to have effect.

107.  Article 13 (jobseeker’s agreement: reviews and appeals) shall cease to have effect.

108.—(1) In paragraph (3) of Article 18 (severe hardship), for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“(b) it appears to the Department that the person concerned has, without good cause—

(i) neglected to avail himself of a reasonable opportunity of a place on a training scheme, or

(ii) after a place on such a scheme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or”.

(2) For paragraph (4) of that Article there shall be substituted the following paragraph—

“(4) In this Article—

“employment officer” means an officer of the Department or such other person as may be designated for the purposes of this Article by an order made by the Department;

“period” includes—

(a)

a period of a determinate length;

(b)

a period defined by reference to the happening of a future event; and

(c)

a period of a determinate length but subject to earlier determination upon the happening of a future event;

“training scheme” has such meaning as may be prescribed.”.

109.—(1) In paragraph (2)(b) of Article 19 (reduced payments), for the word “either” there shall be substituted the word “any”.

(2) In paragraph (3) of that Article, for sub-paragraph (b) there shall be substituted the following sub-paragraphs—

“(b) he has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place, and no certificate has been issued to him under paragraph (4);

(c) he has lost his place on such a scheme through misconduct.”.

(3) For paragraphs (4) and (5) of that Article there shall be substituted the following paragraphs—

“(4) Where a young person who has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place—

(a) claims that there was good cause for his doing so; and

(b) applies to the Department for a certificate under this paragraph,

the Department shall, if it is satisfied that there was good cause, issue a certificate to that effect and give a copy of it to the young person.

(5) In this Article—

• “training scheme” has such meaning as may be prescribed;

• “young person” means a person who has reached the age of 16 but not the age of 18.”.

110.—(1) In paragraph (3) of Article 21 (circumstances in which a jobseeker’s allowance is not payable), for the words “the adjudication officer” there shall be substituted the words “the Department”.

(2) In paragraph (4) of that Article—

(a) for the words “an adjudication officer” there shall be substituted the words “the Department”; and

(b) for the word “he” there shall be substituted the word “it”.

111.  In paragraph (2)(b)(ii) of Article 22 (exemptions from Article 21), for the words “he has failed to complete a course of training” there shall be substituted the words “the condition mentioned in paragraph (3)(b) or (c) of that Article is satisfied”.

112.  In paragraphs (1) and (2) of Article 32 (termination of awards), for the words “an adjudication officer” there shall be substituted the words “the Department”.

113.  In paragraph (3) of Article 37 (Assembly, etc. control), after the word “11(13)” there shall be inserted the word “, 18(4)”.

114.  In paragraph 10(2) of Schedule 1 (supplementary provisions), for the words “section 5(1)(o) of the Administration Act” there shall be substituted the words “Article 21(2) of the Social Security (Northern Ireland) Order 1998”.