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

Amendment of regulation 6 of the Income Support Regulations

4.  In regulation 6 of the Income Support Regulations (persons not treated as engaged in remunerative work) after paragraph (4)(1) there shall be added the following paragraphs—

“(5) A person shall not be treated as engaged in remunerative work for the period specified in paragraph (6) in so far as—

(a) he or his partner is engaged in work which—

(i) is remunerative work, and

(ii) he, or his partner, is expected to be engaged in for a period of no less than 5 weeks;

(b) he or his partner had, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a), been entitled to and in receipt of income support or an income-based jobseeker’s allowance;

(c) he or his partner had, as at the day before the day on which he commenced the work referred to in sub-paragraph (a), an applicable amount which included—

(i) an amount determined in accordance with Schedule 3 (housing costs) as applicable to him in respect of a loan which qualifies under paragraph 15 (loans on residential property) or 16 (loans for repairs and improvements to the dwelling occupied as the home) of that Schedule, or

(ii) an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (housing costs) as applicable to him in respect of a loan which qualifies under paragraph 14 (loans on residential property) or 15 (loans for repairs and improvements to the dwelling occupied as the home) of that Schedule, and

(d) he or his partner remain liable to make payments on such a loan.

(6) A person referred to in paragraph (5) shall not be treated as engaged in remunerative work for—

(a) the period of 4 weeks commencing with the day on which he was first engaged in the work referred to in sub-paragraph (a) of that paragraph, or

(b) in the case of a person to whom paragraph (2) applies, a period of 2 weeks commencing with the day after the end of the 14 day period specified in paragraph (3).

(7) In calculating the period of benefit entitlement referred to in paragraph (2)(b) or (5)(b), no account shall be taken of entitlement arising by virtue of paragraph (3) or (6).

(8) In paragraph (5), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.”.

(1)

Paragraph (4) was added by regulation 2(b)(iii) of S.R. 2000 No. 74