The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2001

Amendment of the Jobseeker’s Allowance Regulations

12.  In the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1)—

(a) in regulation 52 (persons treated as engaged in remunerative work) paragraphs (4) to (6)(2) shall be omitted;

(b) in paragraph 13 of Schedule 2 (housing costs: linking rules)—

(i) in sub-paragraph (1)—

(aa) in head (a)(ii)(3), after “12 weeks or less” there shall be inserted “or, as the case may be, 52 weeks or less,”;

(bb) in head (c)(iv) after “12 weeks” there shall be inserted “or, as the case may be, 52 weeks,”;

(cc) in head (d), after “12 weeks” there shall be inserted “or, as the case may be, 52 weeks,”;

(dd) in head (f)(iii), after “12 weeks” there shall be inserted “or, as the case may be, 52 weeks,”;

(ii) in sub-paragraph (12)(4) after “(1)(a)(ii),” there shall be inserted “(1)(c)(iv),”;

(iii) after sub-paragraph (12) there shall be added the following sub-paragraphs—

“(13) For the purposes of sub-paragraph (1)(a)(ii), (c)(iv), (d) and (f)(iii), the relevant period shall be—

(a) 52 weeks in the case of a person to whom sub-paragraph (14) applies;

(b) subject to sub-paragraph (12), 12 weeks in any other case.

(14) This sub-paragraph applies, subject to sub-paragraph (15), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to a jobseeker’s allowance because he or his partner or, where that person is a member of a joint-claim couple, the other member of that couple—

(a) has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;

(b) is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(q) (circumstances in which a person is to be treated as actively seeking employment), or

(c) is participating in—

(i) a New Deal option;

(ii) the self-employment route,

and, as a consequence, he or his partner was engaged in remunerative work or failed to satisfy the conditions specified either in Article 4(1)(c) or in Article 5(1)(a) of the Order or the joint-claim couple of which he was a member failed to satisfy the condition in Article 5A(1)(a)(5) of the Order.

(15) Sub-paragraph (14) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to an income-based jobseeker’s allowance or the joint-claim couple of which he was a member ceased to be entitled to a joint-claim jobseeker’s allowance, his housing costs were being met in accordance with paragraph 6(1)(a) or 7(1)(a) or would have been so met but for any non-dependant deduction under paragraph 17.”.

(1)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 No. 358, S.R. 1998 No. 324 and S.R. 1999 No. 381

(2)

Paragraphs (4) to (6) were inserted by regulation 3 of S.R. 1999 No. 381

(3)

Head (ii) was amended by regulation 29(5) of S.R. 1996 No. 358

(4)

Sub-paragraph (12) was added by regulation 11(4) of S.R. 1998 No. 324

(5)

Article 5A was inserted by Article 56 of and Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))