The Welfare Reform and Pensions (Northern Ireland) Order 1999

11.  After Article 17 (effect on family of one member being involved in a trade dispute) insert—

“Trade disputes: joint-claim couples

17A.— (1) Articles 16 and 17 shall, in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance, apply in accordance with this Article.

(2) Where each member of the couple is prevented by Article 16 from being entitled to a jobseeker’s allowance, the couple are not entitled to a joint-claim jobseeker’s allowance.

(3) But where only one member of the couple is prevented by that Article from being entitled to a jobseeker’s allowance, the couple are not for that reason alone prevented from being entitled to a joint-claim jobseeker’s allowance.

(4) Article 17(1) does not have effect in relation to the couple but, except in prescribed circumstances, Article 17(2) applies for the purposes of calculating the couple’s entitlement to a joint-claim jobseeker’s allowance where—

(a) a member of the couple, or

(b) any other person who is a member of any family of which the couple are members,

is, or would be, prevented by Article 16 from being entitled to a jobseeker’s allowance.

(5) Where Article 17(2) applies in relation to the couple by virtue of paragraph (4), that provision and Article 17(4) apply with the following modifications—

(a) references to the claimant are to be taken as references to the couple;

(b) references to “A” are to the person mentioned in paragraph (4)(a) or (b);

(c) Article 17(2)(b) has effect as if for “where the claimant and A are a married or unmarried couple,” there were substituted “where A is a member of the couple,”; and

(d) Article 17(2)(c)(ii) has effect as if for “of his family” there were substituted “of any family of which the couple are members”.”.