- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
Section 4.
1. The Jobseekers Order is amended as follows.
2. In Article 10(1) (attendance, information and evidence), after “other than a” insert “claimant whose claim is based on meeting condition B in Article 3A or a”.
3. After Article 13 insert—
13A.—(1) Regulations may make provision for or in connection with imposing on a person—
(a)who makes a claim for a jobseeker’s allowance (other than a joint-claim jobseeker’s allowance), and
(b)to whom Article 10(1) does not apply,
a requirement to take part in a work-focused interview as an additional condition which the person must meet before the person becomes entitled to the allowance.
(2) Regulations may make provision for or in connection with imposing on a person—
(a)who is entitled to a jobseeker’s allowance (other than a joint-claim jobseeker’s allowance), and
(b)to whom Article 10(1) does not apply,
a requirement to take part in one or more work-focused interviews as a condition of continuing to be entitled to the full amount of the allowance payable apart from the regulations.
(3) No requirement may be imposed by virtue of this Article on a person who—
(a)is not a member of a couple, and
(b)is responsible for, and a member of the same household as, a child under the age of one.
(4) In this Article and Articles 13B and 13C “work-focused interview”, in relation to any person, means an interview conducted for such purposes connected with employment or training in the case of that person as may be prescribed
(5) The purposes which may be so prescribed include—
(a)purposes connected with a person’s existing or future employment or training prospects or needs; and
(b)(in particular) assisting or encouraging a person to enhance the person’s employment prospects.
13B.—(1) Regulations under Article 13A(1) or (2) may, in particular, make provision—
(a)prescribing circumstances in which a person is to be subject to a requirement to take part in one or more work-focused interviews (a “relevant requirement”);
(b)for notifying a person of a relevant requirement;
(c)prescribing the work-focused interviews in which a person who is subject to a relevant requirement is required to take part;
(d)for determining, in relation to work-focused interviews under the regulations, when and how the interview is to be conducted and, if it is to be conducted face to face, where it is to take place;
(e)for notifying persons who are subject to a relevant requirement of what is determined in respect of the matters mentioned in sub-paragraph (d);
(f)prescribing circumstances in which a person who is a party to a work-focused interview under the regulations is to be regarded as having, or not having, taken part in it;
(g)for securing that the appropriate consequence follows if a person who is subject to a relevant requirement—
(i)fails to take part in the work-focused interview, and
(ii)does not, within a prescribed period, show that the person had good cause for that failure;
(h)prescribing matters which are, or are not, to be taken into account in determining whether a person has good cause for any failure to comply with the regulations;
(i)prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
(2) For the purposes of paragraph (1)(g) “the appropriate consequence” means—
(a)in the case of regulations under Article 13A(1), that the person is to be regarded as not having made a claim for the allowance or, if the allowance has already been awarded (because the case is within paragraph (6)), the entitlement to it is to cease immediately;
(b)in the case of regulations under Article 13A(2), that the amount of the allowance is to be reduced by the prescribed amount until the prescribed time
(3) Regulations under Article 13A(2) may, in relation to any such reduction, provide—
(a)for the amount of the reduction to be calculated in the first instance by reference to such amount as may be prescribed;
(b)for the amount as so calculated to be restricted, in prescribed circumstances, to the prescribed extent;
(c)where the person is also entitled to one or more relevant benefits, for determining the extent, and the order, in which the jobseeker’s allowance and the relevant benefits are to be reduced in order to give effect to the required reduction.
(4) Regulations under Article 13A(1) or (2) may provide that a relevant requirement that would otherwise apply to a person by virtue of the regulations—
(a)is, in any prescribed circumstances, either not to apply or not to apply until such time as is prescribed;
(b)is not to apply if the Department or the Department for Employment and Learning determines that a work-focused interview would not be of assistance to the person or would otherwise not be appropriate in the circumstances;
(c)is not to apply until such time as the Department or the Department for Employment and Learning determines, if that Department determines that a work-focused interview would not be of assistance to the person, or would otherwise not be appropriate in the circumstances, until that time.
(5) The regulations may make provision for treating a person in relation to whom a relevant requirement does not apply, or does not apply until a particular time, as having complied with the requirement to such extent and for such purposes as may be prescribed.
(6) Where—
(a)a person is subject to a relevant requirement as a result of regulations under Article 13A(1), and
(b)the interview is postponed by or under provision of the regulations made as a result of paragraph (4)(a) or (c),
the time to which it is so postponed may be a time falling after an award of the allowance.
(7) In this Article “relevant benefit”, in relation to any person, means any benefit in relation to which the person is required to take part in a work-focused interview by virtue of regulations made under section 2A of the Administration Act.
13C.—(1) The Department or the Department for Employment and Learning must in prescribed circumstances provide an action plan to a person subject to a requirement imposed under Article 13A to take part in a work-focused interview.
(2) In this Article an “action plan” means a document prepared for such purposes as may be prescribed.
(3) Regulations may make provision about—
(a)the form of action plans;
(b)the content of action plans;
(c)the review and updating of action plans.
(4) Regulations may make provision for reconsideration of an action plan at the request of the person to whom it is provided and may, in particular, make provision about—
(a)the circumstances in which reconsideration may be requested;
(b)the period within which any reconsideration must take place;
(c)the matters to which regard must be had when deciding on reconsideration whether the plan should be changed;
(d)notification of the decision on reconsideration;
(e)the giving of directions for the purpose of giving effect to the decision on reconsideration.
(5) In preparing any action plan, the Department or the Department for Employment and Learning must have regard (so far as practicable) to its impact on the well-being of any child who may be affected by it.”.
4. After Article 20 insert—
20A.—(1) A claimant must carry out any direction given by an officer of the Department or of the Department for Employment and Learning to the claimant with a view to achieving one or both of the following—
(a)assisting the claimant to find employment;
(b)improving the claimant’s existing or future prospects of being or remaining employed.
(2) A direction under paragraph (1)—
(a)must be reasonable, having regard to the claimant’s circumstances;
(b)must be in writing; and
(c)may be varied or revoked by a subsequent direction given under that paragraph.
(3) If an officer of the Department or of the Department for Employment and Learning notifies a claimant of a place on a training scheme which is vacant or about to become vacant, the claimant
(a)must apply for the place; and
(b)if offered the place, must accept it and attend the scheme.
(4) If an officer of the Department or of the Department for Employment and Learning notifies a claimant of a place on an employment programme which is vacant or about to become vacant, the claimant—
(a)must apply for the place; and
(b)if offered the place, must accept it and attend the programme.
(5) If an officer of the Department or of the Department for Employment and Learning notifies a claimant of a situation in any employment which is vacant or about to become vacant, the claimant—
(a)must apply for the situation; and
(b)if offered the situation, must accept it.
(6) In the case of a person whose claim to a jobseeker’s allowance is based on meeting condition B in Article 3A—
(a)a paragraph (1)(a) direction may not be given except as mentioned in paragraph (7); and
(b)paragraphs (4) and (5) do not apply (but see paragraph (7)).
(7) If a person whose claim to a jobseeker’s allowance is based on meeting condition B in Article 3A so agrees—
(a)a paragraph (1)(a) direction may be given to the person; and
(b)a paragraph (1)(b) direction may require the person to apply for a place on an employment programme and, if offered the place, accept it and attend the programme.
(8) Regulations may, in the case of a person of a prescribed description whose claim to a jobseeker’s allowance is based on meeting condition B in Article 3A, provide—
(a)for a paragraph (1)(b) direction not to be given or not to be given in prescribed circumstances;
(b)for paragraph (3) not to apply or not to apply in prescribed circumstances.
(9) For the purposes of this Article—
“employment programme” has such meaning as may be prescribed;
“paragraph (1)(a) direction” means a direction under paragraph (1) given with a view to achieving the purpose mentioned in sub-paragraph (a) of that paragraph;
“paragraph (1)(b) direction” means a direction under paragraph (1) given with a view to achieving the purpose mentioned in sub-paragraph (b) of that paragraph;
“training scheme” has such meaning as may be prescribed.
(10) For the purposes of the application of this Article in the case of a joint-claim couple claiming a joint-claim jobseeker’s allowance
(a)a direction or notification under this Article may be given to only one member of the couple, or
(b)separate directions or notifications under this Article may be given to each member of the couple,
and references in this Article to a claimant are to be read accordingly.
(11) Nothing in any provision of this Article is to be read as prejudicing the generality of any other provision of this Article or of Article 20B.
(12) For the sanctions for failure to comply with this Article, see Articles 21 and 22A (as read with Articles 20C and 20D).
20B.—(1) Regulations may make provision for or in connection with imposing on a person—
(a)whose claim to a jobseeker’s allowance is based on meeting condition B in Article 3A, and
(b)who is not a lone parent of a child under the age of 3,
a requirement to undertake work-related activity in accordance with regulations.
(2) Regulations under this Article may, in particular, make provision—
(a)prescribing circumstances in which a person is to be subject to any requirement imposed by the regulations (a “relevant requirement”);
(b)for notifying a person of a relevant requirement;
(c)prescribing the time or times at which a person who is subject to a relevant requirement is required to undertake work-related activity and the amount of work-related activity the person is required at any time to undertake;
(d)prescribing circumstances in which a person who is subject to a relevant requirement is, or is not, to be regarded as undertaking work-related activity.
(3) Regulations under this Article may include provision that in such circumstances as the regulations may provide a person’s obligation under the regulations to undertake work-related activity at a particular time is not to apply, or is to be treated as not having applied.
(4) Regulations under this Article must include provision for securing that lone parents are entitled (subject to meeting any prescribed conditions) to restrict the times at which they are required to undertake work-related activity.
(5) In prescribed circumstances, the Department or the Department for Employment and Learning may by direction given to a person subject to a requirement imposed under paragraph (1) provide that the activity specified in the direction is—
(a)to be the only activity which, in the person’s case, is to be regarded as being work-related activity; o
(b)to be regarded, in the person’s case, as not being work-related activity.
(6) But a direction under paragraph (5) may not specify medical or surgical treatment as the only activity which, in any person’s case, is to be regarded as being work-related activity.
(7) A direction under paragraph (5) given to any person—
(a)must be reasonable, having regard to the person’s circumstances;
(b)must be given to the person by being included in an action plan provided to the person under Article 13C; and
(c)may be varied or revoked by a subsequent direction under that paragraph.
(8) Where a direction under paragraph (5) varies or revokes a previous direction, it may provide for the variation or revocation to have effect from a time before the giving of the direction.
(9) For the purposes of this Article—
“lone parent” means a person who—
is not a member of a couple, and
is responsible for, and a member of the same household as, a child;
“work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so.
(10) Nothing in this Article is to be read as prejudicing the generality of any provision of Article 20A.
(11) For the sanctions for failure to comply with this Article, see Article 21 (as read with Articles 20C and 20D).”.
5. Before Article 21 (but after the italic heading immediately before that Article) insert—
20C.—(1) This Article applies for the purposes of Articles 21 and 22A.
(2) A person (“P”) is in breach of a jobseeker’s direction if P has, without good cause, refused or failed to carry out a direction given to P under Article 20A(1).
(3) A person (“P”) is in breach of a training scheme requirement if P—
(a)has, without good cause, refused or failed to do as mentioned in Article 20A(3);
(b)has, without good cause, neglected to avail himself or herself of a reasonable opportunity of a place on a training scheme;
(c)has, without good cause, given up a place on a training scheme;
(d)has, without good cause, failed to attend a training scheme on which P has been given a place; o
(e)has lost a place on a training scheme through misconduct.
(4) A person (“P”) is in breach of an employment programme requirement if P—
(a)has, without good cause, refused or failed to do as mentioned in Article 20A(4);
(b)has, without good cause, neglected to avail himself or herself of a reasonable opportunity of a place on an employment programme;
(c)has, without good cause, given up a place on an employment programme;
(d)has, without good cause, failed to attend an employment programme on which P has been given a place; or
(e)has lost a place on an employment programme through misconduct.
(5) A person (“P”) is in breach of an employment requirement if P—
(a)has, without good cause, refused or failed to do as mentioned in Article 20A(5);
(b)has lost employment as an employed earner through misconduct;
(c)has, without just cause, voluntarily left employment as an employed earner; or
(d)has, without good cause, neglected to avail himself or herself of a reasonable opportunity of employment.
(6) A person (“P”) is in breach of a work-related activity requirement if P has, without good cause, refused or failed to comply with a requirement imposed on P under Article 20B.
(7) In this Article “employment programme” and “training scheme” have the same meaning as in Article 20A.
20D.—(1) A person is not to be regarded as breaching any requirement under Article 20C merely because the person refuses to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute.
(2) A person is not to be regarded as breaching a jobseeker’s direction, a training scheme requirement or an employment programme requirement under Article 20C if—
(a)a direction is in force under Article 18 with respect to the person; and
(b)the person has acted in such a way as to risk—
(i)having that direction revoked under Article 18(3)(b), or
(ii)having the amount of jobseeker’s allowance reduced by virtue of Article 19 because the condition mentioned in Article 19(3)(b) or (c) is satisfied.
(3) In such circumstances as may be prescribed, a person who might otherwise be regarded as having left employment voluntarily is to be treated for the purposes of Article 20C as not having left voluntarily
(4) The circumstances that may be prescribed include, in particular, where the person has been dismissed by reason of redundancy within the meaning of Article 174(1) of the Employment Rights (Northern Ireland) Order 1996 after volunteering or agreeing to be so dismissed.
(5) Regulations must make provision for the purpose of enabling any person of a prescribed description to accept any employed earner’s employment without breaching an employment requirement by virtue of Article 20C(5)(c) or (d) should the person leave that employment voluntarily and without just cause at any time during a trial period.
(6) “Trial period” has such meaning as may be prescribed.
(7) Regulations may for the purposes of Article 20C—
(a)prescribe matters which are, or are not, to be taken into account in determining whether a person has good cause or just cause for any act or omission;
(b)prescribe circumstances in which a person is, or is not, to be regarded as having good cause or just cause for any act or omission.
(8) Subject to those regulations, in determining whether, for the purposes of Article 20C, a person has, or does not have, good cause or just cause for any act or omission, any matter relating to the level of remuneration in the employment in question is to be disregarded.
(9) Regulations may, in the case of a person of a prescribed description whose claim to a jobseeker’s allowance is based on meeting condition B in Article 3A, provide that Article 20C(3)(b) to (e)—
(a)are not to apply, or
(b)are not to apply in prescribed circumstances.
(10) Regulations may make provision for the purposes of Article 20C(6)—
(a)prescribing the evidence which a person who is subject to a requirement imposed under Article 20B needs to provide in order to show compliance with the requirement;
(b)prescribing matters which are, or are not, to be taken into account in determining whether a person has complied with such a requirement.
(11) Regulations may make provision for determining, for the purposes of this Article, the day on which a person’s employment is to be regarded as starting.”.
6. For Articles 21 and 22 substitute—
21.—(1) This Article applies in relation to a jobseeker’s allowance other than a joint-claim jobseeker’s allowance (as to which see Article 22A).
(2) In the case of a claimant whose claim to a jobseeker’s allowance is not based on meeting condition B in Article 3A, a jobseeker’s allowance is not payable in respect of the claimant for the relevant period if the claimant is in breach of—
(a)a jobseeker’s direction,
(b)a training scheme requirement,
(c)an employment programme requirement, or
(d)an employment requirement,
even though the claimant meets the conditions for entitlement to the allowance.
(3) In the case of a claimant whose claim to a jobseeker’s allowance is based on meeting condition B in Article 3A, a jobseeker’s allowance is not payable in respect of the claimant for the relevant period if the claimant is in breach of—
(a)a jobseeker’s direction,
(b)a training scheme requirement, or
(c)a work-related activity requirement,
even though the claimant meets the conditions for entitlement to the allowance.
(4) In this Article “the relevant period” means—
(a)in any case where the allowance is not payable because the claimant is in breach of an employment requirement, such period as may be determined by the Department; and
(b)in any other case, such period as may be prescribed.
(5) The period which may be determined or prescribed under paragraph (4) must be at least one week but not more than 26 weeks.
(6) Regulations may prescribe—
(a)circumstances which the Department is to take into account, and
(b)circumstances which the Department is not to take into account,
in determining a period under paragraph (4)(a).
22.—(1) In such circumstances as may be prescribed, an income-based jobseeker’s allowance is payable in respect of a claimant even though Article 21 prevents payment of a jobseeker’s allowance to the claimant.
(2) An income-based jobseeker’s allowance is payable by virtue of paragraph (1) only if the claimant has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.
(3) Regulations under paragraph (1) may, in particular, provide for an income-based jobseeker’s allowance payable by virtue of that paragraph to be
(a)payable at a prescribed rate;
(b)payable for a prescribed period (which may differ from the period fixed under Article 21(4)).”.
7. For Articles 22A and 22B substitute—
22A.—(1) This Article applies in relation to a joint-claim jobseeker’s allowance.
(2) A member of a joint-claim couple is subject to sanctions for the purposes of this Article for the relevant period if the member is in breach of—
(a)a jobseeker’s direction,
(b)a training scheme requirement,
(c)an employment programme requirement, or
(d)an employment requirement.
(3) In this Article “the relevant period” means—
(a)in any case where the member is subject to sanctions because the member is in breach of an employment requirement, such period as may be determined by the Department; and
(b)in any other case, such period as may be prescribed.
(4) The period which may be determined or prescribed under paragraph (3) must be at least one week but not more than 26 weeks.
(5) Even though the couple meet the conditions for entitlement to a joint-claim jobseeker’s allowance—
(a)the allowance is not payable for any period during which both members of the couple are subject to sanctions; and
(b)the amount of the allowance payable in respect of the couple for any period during which only one member of the couple is subject to sanctions is reduced to an amount calculated by the prescribed method (“the reduced amount”).
(6) The method prescribed for calculating the reduced amount may, in particular, involve—
(a)deducting amounts from, or making percentage reductions of, the amount which would be the amount of the allowance if neither member of the couple were subject to sanctions;
(b)disregarding portions of the applicable amount;
(c)treating amounts as being income or capital of the couple.
(7) During any period for which the amount of a joint-claim jobseeker’s allowance is the reduced amount, the allowance is payable to the member of the couple who is not subject to sanctions
(8) Regulations may prescribe—
(a)circumstances which the Department is to take into account, and
(b)circumstances which the Department is not to take into account,
in determining a period under paragraph (3)(a).
22B.—(1) In such circumstances as may be prescribed, a joint-claim jobseeker’s allowance is payable in respect of a joint-claim couple even though Article 22A(5)(a) prevents payment of the allowance to the couple.
(2) A jobseeker’s allowance is payable by virtue of paragraph (1) only if the couple have complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.
(3) Regulations under paragraph (1) may, in particular, provide for a jobseeker’s allowance payable by virtue of that paragraph to be—
(a)payable at a prescribed rate;
(b)payable for a prescribed period (which may differ from the period during which both members of the couple are subject to sanctions for the purposes of Article 22A).”.
8. In Article 2(2) (interpretation)—
(a)after the definition of “the applicable amount” insert—
““the basic conditions” means the conditions set out in Article 3A(7);”, and
(b)after the definition of “jobseeker’s agreement” insert—
““the jobseeking conditions” means the conditions set out in Article 3A(7)(a) to (c);”.
9. In Article 3(4) (the jobseeker’s allowance), for the definition of “a joint-claim jobseeker’s allowance” substitute—
““a joint-claim jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on Article 3B.”.
10. In Article 4(1) (the contribution-based conditions), for “Article 3(2)(d)” substitute “Article 3A(1)(b)”.
11.—(1) Article 5 (the income-based conditions) is amended as follows.
(2) In paragraph (1), for “Article 3(2A)(b)” substitute “Article 3A(3)(b)”.
(3) After that paragraph insert—
“(1A) The conditions referred to in Article 3A(4)(d) are that the claimant—
(a)satisfies the conditions set out in paragraph (1)(a), (b), (c), (dd), (de) and (e)
(b)is not a member of a couple the other member of which is entitled to an income-based jobseeker’s allowance; and
(c)is a person—
(i)who has reached the age of 18; or
(ii)who has reached the age of 16 but not the age of 18 and falls within a prescribed description of person.”.
12. In Article 5A(1) (the conditions for claims by joint-claim couples), for “Article 3(2B)(c)” substitute “Article 3B(1)(c)”.
13. In Article 6(11A) (amount payable by way of a jobseeker’s allowance), for “Article 3(2C)” substitute “Article 3A(8)”.
14. In Article 11 (the jobseeker’s agreement)—
(a)in paragraph (2), for “Article 3” substitute “Article 3A”;
(b)in paragraph (5), for “Article 3(2)(a) and (c)” substitute “Article 3A(7)(a) and (c)”,
(c)in paragraph (6)(a)—
(i)in head (i), for “Article 3(2)(a)” substitute “Article 3A(7)(a)”, and
(ii)in head (ii), for “Article 3(2)(c)” substitute “Article 3A(7)(c)”, and
(d)in paragraph (10), for “Article 3(2)(b)” substitute “Article 3A(7)(b)”.
15. In Article 12 (variation of jobseeker’s agreement)—
(a)in paragraph (4), for “Article 3(2)(a) and (c)” substitute “Article 3A(7)(a) and (c)”, and
(b)in paragraph (5)(a)—
(i)in head (i), for “Article 3(2)(a)” substitute “Article 3A(7)(a)”, and
(ii)in head (ii), for “Article 3(2)(c)” substitute “Article 3A(7)(c)”.
16.—(1) Article 16 (trade disputes) is amended as follows.
(2) In paragraph (1), at the beginning insert “Except in prescribed circumstances,”.
(3) In paragraph (2), at the beginning insert “Except in prescribed circumstances,”.
(4) After paragraph (2) insert—
“(2A) Paragraphs (1) and (2) do not apply to a person who is a member of a couple unless the other member of the couple is a person to whom either of those paragraphs apply (but see instead the provision made by Article 17).”.
17.—(1) Article 17 (effect on other claimants) is amended as follows.
(2) For paragraph (1) substitute—
“(1) Except in prescribed circumstances, paragraph (2) applies in relation to any person (“P”) who—
(a)is a member of a couple, and
(b)claims an income-based jobseeker’s allowance
in any case where, if paragraph (2A) of Article 16 were to be disregarded, either P or the other member of the couple (but not both) would be prevented by that Article from being entitled to a jobseeker’s allowance.
(1A) In this Article any reference to the relevant person is to the member of the couple concerned who would be prevented by that Article from being so entitled (whether or not that person is also the claimant).”.
(3) In paragraph (2)—
(a)in sub-paragraph (a), for “A” substitute “the relevant person”,
(b)in sub-paragraph (b), for the words from “where” to “them” substitute “any portion of the applicable amount which is included in respect of the couple”, and
(c)in sub-paragraph (c), for “A” (in both places) substitute “the relevant person” and for “A's” substitute “that person's”.
(4) In paragraph (4), for “A” (in both places) substitute “the relevant person”.
18.—(1) Article 17A (trade disputes: joint-claim couples) is amended as follows.
(2) After paragraph (1) insert—
“(1A) Article 16 shall apply as if paragraph (2A) of that Article were omitted.”.
(3) In paragraph (4), omit sub-paragraph (b) (together with the “or” immediately before it).
(4) In paragraph (5)—
(a)for sub-paragraph (b) substitute—
“(b)references to the relevant person are to the person mentioned in paragraph (4)(a);”, and
(b)omit sub-paragraph (c) (but not the “and” at the end of it).
19. After Article 17A insert—
17B.—(1) This Article applies if a person (“P”) returns to work with the same employer after a period during which—
(a)P is, or would be, prevented by Article 16 from being entitled to a jobseeker’s allowance, or
(b)Article 17(2) applies in a case where (if paragraph (2A) of Article 16 were to be disregarded) P would be prevented by that Article from being so entitled.
(2) It does not matter whether or not the return to work is before the end of the stoppage of work in question.
(3) In the case of a claim for an income-based jobseeker’s allowance other than a joint-claim jobseeker’s allowance—
(a)P is to be treated as not engaged in remunerative work until the end of the period of 15 days beginning with the day on which P returns to work, an
(b)any sum paid by way of a jobseeker’s allowance for that period of 15 days to P or, if P is a member of a couple, to the other member of the couple is recoverable in accordance with regulations from the person to whom it was paid or from any prescribed person or, where the person to whom it was paid is a member of a couple, from the other member of the couple.
(4) In the case of a claim for a joint-claim jobseeker’s allowance—
(a)P is to be treated as meeting the jobseeking conditions, and as not engaged in remunerative work, until the end of the period of 15 days beginning with the day on which P returns to work, and
(b)any sum paid by way of a joint-claim jobseeker’s allowance for that period of 15 days in respect of the couple is recoverable in accordance with regulations from each member of the couple or from any prescribed person.”.
20. In—
(a)Article 19A(8) (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.), which is inserted by section 1, and
(b)Article 22C(7) (sanctions for violent conduct in connection with claim), which is inserted by section 20,
for “Article 22B(4)” substitute “Article 22B(1)”.
21. In Article 24(2) (members of the forces), for “Article 21(6)(b)” substitute “Article 20C(5)(c)”.
22. In Article 36(4)(b) (regulations and orders), which is inserted by section 1, after “Article” insert “13A, 13C, 20B or”.
23.—(1) Schedule 1 (supplementary provisions) is amended as follows.
(2) In paragraph 2, at the end add—
“(4) Regulations may provide that the condition in Article 3A(7)(e) (person not to have limited capability for work) is not to apply in prescribed circumstances to a person whose claim to a jobseeker’s allowance is based on meeting condition B in Article 3A.”.
(3) For paragraph 8 substitute—
“8. Regulations may prescribe circumstances in which a person may be entitled to an income-based jobseeker’s allowance without being required to meet the jobseeking conditions in any case where the person would not otherwise be so entitled.”.
(4) In paragraph 8A(1), for “conditions referred to in Article 3(2B)(b)” substitute “basic conditions”.
(5) In paragraph 14—
(a)renumber the existing text as sub-paragraph (1), and
(b)after that sub-paragraph (as renumbered) insert—
“(2) Regulations may provide that the condition in Article 3A(7)(f) (person not to be receiving relevant education) is not to apply in prescribed circumstances to a person whose claim to a jobseeker’s allowance is based on meeting condition B in Article 3A.”
(6) After paragraph 14 insert—
14A. Regulations may provide that in prescribed circumstances the condition in Article 3A(7)(g) (person to be under pensionable age) is to have effect in relation to a person whose claim to a jobseeker’s allowance is based on meeting condition B in Article 3A as if for “pensionable age” there were substituted “the qualifying age for state pension credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002)”.”.
24. In section 2A of the Administration Act (claim or full entitlement to certain benefits conditional on work-focused interview), at the end add—
“(9) For the purposes of this section—
(a)the references in subsections (4)(a) and (5)(c) to a relevant benefit include references to a jobseeker’s allowance in relation to which a person is required to take part in a work-focused interview by virtue of regulations made under Article 13A of the Jobseekers (Northern Ireland) Order 1995;
(b)the reference in subsection (5)(c) to any reduction of the amount of benefit payable to any person under subsection (4)(b) includes a reference to any reduction of the amount of a jobseeker’s allowance payable in respect of that person by virtue of those regulations.”.
25. In paragraph 3(d) of Schedule 3 to the 1998 Order (decisions against which an appeal lies), after “Article 21” insert “or 22A”.
26. In section 1(6) of the Welfare Reform Act (employment and support allowance), in the definition of “joint-claim jobseeker’s allowance”, for “Article 3(2B)” substitute “Article 3B”.
Section 9.
1. In section 72 of the Administration Act (income support and other payments), in the title, for “Income support” substitute “Income-based jobseeker’s allowance”.
2. The Jobseekers Order is amended as follows.
3. In Article 4(1) (the contribution-based conditions), at the end of sub-paragraph (b) insert “and”.
4. In Article 5A(1)(c) (the conditions for claims by joint-claim couples), for “any such family” substitute “a family of which the couple are members”.
5. In section 53(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (loss of benefit for breach of community order), for “subsections (3) to” substitute “subsections (4) and”.
6. The 2001 Act is amended as follows.
7. In section 5B(5) (loss of benefit in case of conviction, penalty or caution for benefit offence), which is inserted by section 19, for “subsections (6)” substitute “subsections (7)”.
8. In section 6(2) (loss of benefit for commission of benefit offences), for “subsections (3) to” substitute “subsections (4) and”.
9. In Article 4(3)(b) of the Age-Related Payments (Northern Ireland) Order 2004 (entitlement: basic cases), at the end of head (i) insert “or”.
Section 19.
1.—(1) Section 6 of the 2001 Act (loss of benefit for commission of benefit offences) is amended as follows.
(2) In subsection (8)—
(a)after the definition of “benefit offence” insert—
““post-commencement offence” means an offence committed on or after 1 April 2002 (the day on which this section came into operation).”, an
(b)omit the definitions of “disqualifying benefit” and “sanctionable benefit”.
(3) In subsection (9) for paragraph (b) substitute—
“(b)references to a conviction include references to a conviction in relation to which the court makes an order for absolute or conditional discharge and to a conviction in Great Britain (including a conviction in relation to which a court in Scotland makes a probation order or an order for absolute discharge without proceeding to a conviction).”.
(4) In the heading, for “commission of benefit offences” substitute “second or subsequent conviction of benefit offence”.
2.—(1) Section 7 of the 2001 Act (effect of offence on joint-claim jobseeker’s allowance) is amended as follows.
(2) In subsection (1)(b), for “the restriction in subsection (2) of section 6” substitute “an offence-related restriction”.
(3) After subsection (1) insert—
“(1A) In this section—
(a)“an offence-related restriction” means the restriction in subsection (5) of section 5B or the restriction in subsection (2) of section 6, and
(b)in relation to an offence-related restriction, any reference to the relevant period is a reference to a period which is the disqualification period for the purposes of section 5B or 6, as the case requires.”.
(4) In subsection (2)—
(a)for “the disqualification period” substitute “the relevant period”,
(b)in paragraph (a), for “the restriction in subsection (2) of section 6” substitute “an offence-related restriction”, and
(c)in paragraph (b), for “that restriction” substitute “an offence-related restriction”.
(5) In subsection (3)—
(a)for “the disqualification period” substitute “the relevant period”, and
(b)in paragraph (b), for “convictions section 6” substitute “conduct section 5B or 6”.
(6) In subsection (4), for “the disqualification period” substitute “the relevant period”.
(7) After subsection (6) add—
“(7) Where, after the agreement of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section—
(a)M’s agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, o
(b)it is decided on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998 that the overpayment to which the agreement relates is not recoverable or due,
all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.
(8) Where, after the agreement (“the old agreement”) of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of the overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998—
(a)if there is a new disqualifying event for the purposes of section 5B consisting of M’s agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 5B falls to be determined in accordance with section 5C(4)(a), and
(b)in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.
(9) In this section “the appropriate penalty provision” has the meaning given by section 5B(2)(a).”.
3.—(1) Section 8 of the 2001 Act (effect of offence on benefits for members of offender’s family) is amended as follows.
(2) In subsection (2)(b), for “section 6” substitute “section 5B or 6”.
(3) After subsection (6) add—
“(7) Where, after the agreement of any member of a person’s family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section—
(a)M’s agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or
(b)it is decided on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998 that the overpayment to which the agreement relates is not recoverable or due,
all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed that could not have been imposed had M not agreed to pay the penalty
(8) Where, after the agreement (“the old agreement”) of any member of a person’s family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of the overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998—
(a)if there is a new disqualifying event for the purposes of section 5B consisting of M’s agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 5B falls to be determined in accordance with section 5C(4)(a), and
(b)in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.
(9) In this section “the appropriate penalty provision” has the meaning given by section 5B(2)(a).”.
4.—(1) Section 9 of the 2001 Act (power to supplement and mitigate loss of benefit provisions) is amended as follows.
(2) In subsection (1), for “sections 6 to 8” substitute “sections 5A to 8”.
(3) In subsection (2), after “section” insert “5B,”.
5.—(1) Section 10 of the 2001 Act (loss of benefit regulations) is amended as follows.
(2) In subsections (1) and (2), for “sections 6 to 9” substitute “sections 5B to 9”.
(3) In subsection (3)—
(a)in paragraph (a), after “section” insert “5B or”,
(b)in paragraph (b), after “section” insert “5B(6),”, and
(c)in paragraph (c), after “section” insert “5B(7), (8), (9) or (10),”.
(4) In subsections (4) and (5), for “sections 6 to 9” substitute “sections 5B to 9”.
6.—(1) Section 12 of the 2001 Act (interpretation of sections 6 to 11) is amended as follows.
(2) For the words “sections 6 to 11”, both in the section and in the heading to the section, substitute “sections 5A to 11”.
(3) After the definition of “benefit” insert—
““cautioned”, in relation to any person and any offence, means cautioned after the person concerned has admitted the offence;”
(4) Omit the definitions of “disqualification period” and “post-commencement offence”.
(5) In the definition of “sanctionable benefit”, for “section 6(8)” substitute “section 5A”.
7. In section 149 of the Administration Act (functions of Social Security Advisory Committee in relation to the relevant enactments), in subsection (5) in the definition of the “relevant enactments”, in paragraph (ag), for “sections 6 to 10” substitute “sections 5A to 10”.
8. In paragraph 3 of Schedule 3 to the 1998 Order (decisions against which an appeal lies), in paragraph (f), after “section” insert “5B,”.
Section 34.
Short Title | Extent of repeal |
---|---|
The repeals made by this Part of this Schedule have effect in accordance with provision made by an order under section 9. | |
The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) | In section 10(2)(e), the words “, section 101 of the Social Security Administration (Northern Ireland) Act 1992”. |
The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8) | In Article 3(1)(b), the words “income support or”. |
In Article 7(2), the words “income support or”. | |
In Article 14(5), the words “income support or”. | |
The Education Reform (Northern Ireland) Order 1989 (NI 20) | In Article 131(3)(b), the words “income support,”. |
The Child Support (Northern Ireland) Order 1991 (NI 23) | In Article 2(2), the definition of “income support”. |
In Article 9(1), the words “income support,”. | |
In Article 43(11), the words “income support,”. | |
In Article 44(2)(b), the words “income support,”. | |
In Schedule 1 (as it has effect apart from the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), in paragraph 5(4), the words “income support,”. | |
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) | Section 122(1)(a) and (2). |
Section 123. | |
Sections 125 and 126. | |
In section 131(5), the words “income support and”. | |
The Social Security Administration (Northern Ireland) Act 1992 (c. 8) | Section 2A(2)(a). |
Section 2AA(2)(a). | |
Section 2D(1), (3)(a), (8), (9)(b) and (10). | |
Section 2E(2)(a). | |
Section 5(2)(b). | |
In section 13A— (a) in subsection (1), the words “income support” in each place, and (b) in subsection (4), in the definition of “qualifying associate”, the words “income support,” and, in the definition of “relevant benefits”, paragraph (b). | |
Section 69(11)(b). | |
In section 72— (a) in subsections (1)(b) and (2)(b), the words “income support,”, (b) in subsections (3)(b)(i) and (ii), the words “income support or”, (c) in subsection (3)(c), the words “the income support or”, (d) in subsection (3), in the words following paragraph (c), the words “income support” and the words “the income support or”. | |
In section 72A(7), the words “income support,”. | |
In section 74(6)(d), the words “income support or”. | |
In section 100(1)(b), the words “income support or”. | |
Section 101. | |
Section 103. | |
In section 119(1), the words “income support,”. | |
Section 139 and 140. | |
Section 155(5)(a). | |
In section 167(1), in the definition of “income-related benefit”, paragraph (a). | |
The Family Law (Northern Ireland) Order 1993 (NI 6) | Article 10. |
The Children (Northern Ireland) Order 1995 (NI 2) | In Article 2(2), the definition of “income support”. |
In Article 18(9), the words “income support,”. | |
In Article 18C(7)(b), the words “income support,”. | |
In Article 24(3), the words “income support,”. | |
In Article 39(4), the words “income support,”. | |
The Jobseekers (Northern Ireland) Order 1995 (NI 15) | Article 3A(6). |
In Article 4(1), sub-paragraph (d) (together with the “and” immediately before it). | |
In Article 5— (a) in paragraph (1)(b), the words “income support or”, and (b) paragraph (1)(c). | |
Article 5A(1)(b). | |
In Article 18(1)(a)(ii), the words “or to income support”. | |
In Article 28— (a) in paragraph (1), the words “or to income support”, (b) in paragraph (3), the words “or (as the case may be) income support”, (c) in paragraph (4)(d), the words “and periods of entitlement to income support”, (d) in paragraph (4)(e), the words “wholly by way of income support or”, and (e) in paragraph (4)(1), the words “or to income support”. | |
In Article 30(1), the words “or income support”. | |
Article 32. | |
In Article 39(2)(a) and (b), the words “or income support”. | |
In Schedule 2, paragraphs 13 to 15. | |
The Road Traffic (Northern Ireland) Order 1995 (NI 18) | In Article 25(2)(b), the words “income support,”. |
The Industrial Tribunals (Northern Ireland) Order 1996 (NI 18) | In Article 18(3)(a) and (c) and (4)(e), the words “or income support”. |
In Article 18(4)(d), the words “or of income support”. | |
In Article 19(1), the words “or income support” in both places and the words “or V”. | |
The Social Security (Northern Ireland) Order 1998 (NI 10) | Article 9(3)(c). |
In Article 34(3), the words “, income support”. | |
Article 73(8)(d). | |
In Schedule 2— (a) paragraph 6(b)(i), and (b) in paragraph 7, the words “income support or” and the words “140(2) or”. | |
In Schedule 6, paragraphs 73 and 75. | |
The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11) | In Schedule 7, paragraph 15. |
In Schedule 8, paragraph 26. | |
The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) | In section 3, the words “income support,” in substituted Article 9(1) of the Child Support (Northern Ireland) Order 1991. |
In section 18, the words “income support or”, in substituted Article 43(10) of the Child Support (Northern Ireland) Order 1991. | |
In section 53(8)— (a) paragraph (a) of the definition of “relevant benefit”; and (b) the words “(other than income support)” in paragraph (c) of the definition of “relevant benefit”. | |
The Social Security Fraud Act (Northern Ireland) 2001 (c. 17) | Section 5B(6). |
Section 6(3). | |
Section 8(1)(a) and (3). | |
Section 10(3)(b). | |
The Children (Leaving Care) Act (Northern Ireland) 2002 (c. 11) | In section 6(1), the words “income support or”. |
The State Pension Credit Act (Northern Ireland) 2002 (c. 14) | In Schedule 2, paragraph 2. |
The Income Tax (Earnings and Pensions) Act 2003 (c. 1) | In Schedule 6, paragraph 200. |
In Schedule 6, paragraph 226(2), the words “income support or” in new section 128(3)(ce) of the Finance Act 1995. | |
The Civil Partnership Act 2004 (c. 33) | In Schedule 24, paragraphs 96 to 98, 115 and 136. |
The Age-Related Payments (Northern Ireland) Order 2004 (NI 11) | In Article 4(3)(b), head (iii) (together with the “or” immediately before it). |
In Article 4(5), the definition of “income support” (together with the word “and” immediately before it). | |
The Welfare Reform Act (Northern Ireland) 2007 (c. 2) | In section 1(3), paragraph (e) (but not the “and” at the end of it). |
In section 24(1), the definition of “income support”. | |
Section 39(3)(a). | |
In Schedule 1, in paragraph 6(1)(d), the words “, income support”. | |
In Schedule 3, paragraph 3(9) and (10). | |
The Pensions Act (Northern Ireland) 2008 (c. 1) | In Schedule 1, paragraph 23. |
The Child Maintenance Act (Northern Ireland) 2008 (c. 10) | In Schedule 4, paragraph 2(2). |
This Act | In section 2(2), the new sections 2D(1) and (3)(a) and 2E(2)(a) of the Social Security Administration (Northern Ireland) Act 1992. |
Section 3(1). | |
Section 5(1). | |
In section 7(2)(a) and (g)(i), the words “income support or”. | |
In section 19(1), new section 5B(6) of the Social Security Fraud Act (Northern Ireland) 2001. | |
In Schedule 3, paragraph 5(3)(b). |
Short Title | Extent of repeal |
---|---|
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) | In section 20(1)(d), the words “(with increase for adult dependants)”. |
In section 63(c), the words “(with increase for adult dependants)”. | |
Section 82. | |
Sections 88 to 92. | |
In section 114(4), the word “82”. | |
In Part 4 of Schedule 4, paragraphs 3 and 9. | |
The Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (NI 12) | In Schedule 1, paragraphs 25 to 27. |
The Jobseekers (Northern Ireland) Order 1995 (NI 15) | In Schedule 2, paragraphs 7 and 10. |
The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11) | In Schedule 8, paragraph 25. |
The Tax Credits Act 2002 (c. 21) | In Schedule 3, paragraph 46. |
The Deregulation (Carer’s Allowance) Order (Northern Ireland) 2002 (SR 2002/321) | Article 2(2)(a)(iv). |
The Civil Partnership Act 2004 (c. 33) | In Schedule 24, paragraph 89. |
The Child Benefit Act 2005 (c. 6) | In Schedule 1, paragraph 31. |
The Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (SR 2006/37) | In the Schedule, paragraph 1(3). |
The Welfare Reform Act (Northern Ireland) 2007 (c. 2) | In Schedule 3, paragraph 3(7) and (8). |
The Pensions Act (Northern Ireland) 2008 (c. 1) | In Schedule 1, paragraphs 14 and 15. |
Short Title | Extent of repeal |
---|---|
The Social Security Administration (Northern Ireland) Act 1992 (c. 8) | In section 2A(8), in the definition of “the designated authority”, paragraph (b). |
In section 2AA(7), in the definition of “designated authority”, paragraph (b). | |
Section 2B. | |
Section 5(1)(s). | |
In section 149(5), in paragraph (af) of the definition of “the relevant enactments”, the words “, 53 to 56”. | |
The Jobseekers (Northern Ireland) Order 1995 (NI 15) | Article 10(3). |
Article 11(13). | |
In Article 17A— (a) in paragraph (4), sub-paragraph (b) (together with the “or” immediately before it), and (b) in paragraph (5), sub-paragraph (c) (but not the “and” at the end of it). | |
In Article 19A(10), the definition of “the jobseeking conditions”. | |
Article 21(10)(a). | |
The Employment Rights (Northern Ireland) Order 1996 (NI 16) | In Schedule 1, in the entry relating to the Jobseekers (Northern Ireland) Order 1995, the words “and 21(7)”. |
The Social Security (Northern Ireland) Order 1998 (NI 10) | In Schedule 2, paragraph 5A (together with the italic heading immediately before it). |
In Schedule 3, paragraph 3(e). | |
In Schedule 6, paragraphs 110, 111 and 113. | |
The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11) | Article 57. |
Article 69(3)(b). | |
In Article 73(6) and (7), the words “57 or”. | |
In Schedule 7, paragraphs 3(2), (3) and (4)(b), 4, 5(1), 8(5) to (7), 13 and 14. | |
In Schedule 8, paragraph 27(3), (5) and (6). | |
In Schedule 9, paragraph 61. | |
The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) | Sections 53 to 57. |
The Social Security Fraud Act (Northern Ireland) 2001 (c. 17) | In section 6, in subsection (8), the definitions of “disqualifying benefit” and “sanctionable benefit”. |
In section 7(2)(b), sub-paragraph (ii) and the word “or” before it. | |
Section 11(1). | |
In section 12, the definitions of “disqualification period” and “post-commencement offence”. | |
The Social Security Act (Northern Ireland) 2002 (c. 10) | In Schedule 1, paragraphs 6, 10 and 11. |
The State Pension Credit Act (Northern Ireland) 2002 (c. 14) | In Schedule 2, paragraph 33(b). |
The Civil Partnership Act 2004 (c. 33) | In Schedule 24, paragraphs 131, 133 and 134. |
The Welfare Reform Act (Northern Ireland) 2007 (c. 2) | In Schedule 3, paragraphs 6(3), 13 and 14(3). |
Short Title | Extent of repeal |
---|---|
The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) | In section 24(1), the words “9(1),” in substituted Article 48(2) of the Child Support (Northern Ireland) Order 1991. |
The Child Maintenance Act (Northern Ireland) 2008 (c. 10) | In section 40(3) and (4), the word “36B,”. |
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