The Jobseekers (Northern Ireland) Order 1995

The jobseeker's agreement N.I.

11.— [F1 (1) An agreement which is entered into by a claimant and an employment officer and which complies with the prescribed requirements in force at the time when the agreement is made is referred to in this Order as “a jobseeker's agreement”.

(2) A jobseeker's agreement shall have effect only for the purposes of Article 3.

(3) A jobseeker's agreement shall be in writing and be signed by both parties.

[F2 (3A) The agreement may be in electronic form and signed by means of an electronic signature (within the meaning given in section 7(2) of the Electronic Communications Act 2000 F3 ).]

(4) A copy of the agreement shall be given to the claimant.

(5) An employment officer shall not enter into a jobseeker's agreement with a claimant unless, in the officer's opinion, the conditions mentioned in Article 3(2)(a) and (c) would be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the proposed agreement.

(6) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed jobseeker's agreement toF4 an adjudication officer for him to determine—

(a) whether, if the claimant concerned were to comply with the proposed agreement, he would satisfy—

(i) the condition mentioned in Article 3(2)(a), or

(ii) the condition mentioned in Article 3(2)(c); and

(b) whether it is reasonable to expect the claimant to have to comply with the proposed agreement.

(7) F4 An adjudication officer to whom a reference is made under paragraph (6)—

(a) shall so far as practicable dispose of it in accordance with this Article before the end of the period of 14 days from the date of the reference;

(b) may give such directions, with respect to the terms on which the employment officer is to enter into a jobseeker's agreement with the claimant, asF4 the adjudication officer considers appropriate;

(c) may direct that, if such conditions asF4 he considers appropriate are satisfied, the proposed jobseeker's agreement is to be treated (if entered into) as having effect on such date, before it would otherwise have effect, as may be specified in the direction.

(8) Regulations may provide—

(a) for such matters as may be prescribed to be taken into account byF4 an adjudication officer in giving a direction under paragraph (7)(c); and

(b) for such persons as may be prescribed to be notified of—

(i) any determination ofF4 an adjudication officer under this Article;

(ii) any direction given byF4 an adjudication officer under this Article.

F5 (9) Any determination of adjudication officer under this Article shall be binding.

(10) Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in Article 3(2)(b).

(11) Regulations may provide that, in prescribed circumstances, a jobseeker's agreement is to be treated as having effect on a date, to be determined in accordance with the regulations, before it would otherwise have effect.

(12) Except in such circumstances as may be prescribed, a jobseeker's agreement entered into by a claimant shall cease to have effect on the coming to an end of an award of a jobseeker's allowance made to him[F6 or to a joint-claim couple of which he is a member.].

(13) In this Article and Article 12 “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.]

F1 Arts. 8-8M and cross-heading substituted (2.5.2016 for specified purposes, 27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) for arts. 8-12 and cross-heading by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 55(4); S.R. 2016/215, art. 2(3)(a)(iii); S.R. 2017/190, art. 9 (with arts. 10-25)

F2 Art. 11(3A) inserted (1.2.2012) by Social Security (Electronic Communications) Order (Northern Ireland) 2011 (S.R. 2011/298), arts. 1, 3(2)

F3 2000 c. 7

F4 prosp. in pt. subst. by 1998 NI 10

F5 prosp. in pt. rep. by 1998 NI 10

F6 1999 NI 11