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The Jobseekers (Northern Ireland) Order 1995
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Changes over time for: Section 6
Changes to legislation:
The Jobseekers (Northern Ireland) Order 1995, Section 6 is up to date with all changes known to be in force on or before 21 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 6:
- power to am. (prosp.) by 1998 c. 47 s.87
- art. 6(1)(b) words inserted by S.I. 2015/2006 (N.I.) Sch. 5 para. 5(a)
- art. 6(1)(b) words repealed by S.I. 2015/2006 (N.I.) Sch. 5 para. 5(b)
- art. 6(11A) words substituted by 2010 c. 13 (N.I.) Sch. 1 para. 13
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Order modified by S.R. 2019/211 art. 2(2)(c) (This amendment not applied to legislation.gov.uk. Affecting Order revoked (19.12.2020) without ever being in force by S.R. 2020/347, arts. 1(1), 2)
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 1 para. 14(1) Sch. 1 para. 14 renumbered as Sch. 1 para. 14(1) by 2010 c. 13 (N.I.) Sch. 1 para. 23(5)(a)
- Sch. 1 para. 2(4) added by 2010 c. 13 (N.I.) Sch. 1 para. 23(2)
- Sch. 1 para. 14(2) inserted by 2010 c. 13 (N.I.) Sch. 1 para. 23(5)(b)
- Sch. 1 para. 14A and cross heading inserted by 2010 c. 13 (N.I.) Sch. 1 para. 23(6)
- Sch. 1 para. 8ZA inserted by S.I. 2015/2006 (N.I.) art. 66(4)
- art. 3(1A) substituted for art. 3(2)-(2D) by 2010 c. 13 (N.I.) s. 4(2)(a)
- art. 3(2)(za) inserted by S.I. 2015/2006 (N.I.) art. 66(2)
- art. 3(3A) inserted by S.I. 2015/2006 (N.I.) art. 66(3)
- art. 3A 3B inserted by 2010 c. 13 (N.I.) s. 4(3)
- art. 3A(6) repealed by 2010 c. 13 (N.I.) Sch. 4 Pt. 1
- art. 5(1A) inserted by 2010 c. 13 (N.I.) Sch. 1 para. 11(3)
- art. 11(4A) amendment to earlier affecting provision 2010 c. 13 (N.I.), s. 25(1) by S.I. 2015/2006 (N.I.) Sch. 7 para. 14(2)(b)
- art. 11(4A) inserted by 2010 c. 13 (N.I.) s. 25(1)
- art. 13A-13C and cross-heading inserted by 2010 c. 13 (N.I.) Sch. 1 para. 3
- art. 16(2A) inserted by 2010 c. 13 (N.I.) Sch. 1 para. 16(4)
- art. 17(1)(1A) substituted for art. 17(1) by 2010 c. 13 (N.I.) Sch. 1 para. 17(2)
- art. 17A(1A) inserted by 2010 c. 13 (N.I.) Sch. 1 para. 18(2)
- art. 17B inserted by 2010 c. 13 (N.I.) Sch. 1 para. 19
- art. 20A 20B and cross-heading inserted by 2010 c. 13 (N.I.) Sch. 1 para. 4
- art. 20C 20D inserted by 2010 c. 13 (N.I.) Sch. 1 para. 5
Amount payable by way of a jobseeker's allowanceN.I.
6.—(1) In the case of a [F1contribution-based] jobseeker's allowance, the amount payable in respect of a claimant ( “his personal rate”) shall be calculated by—
(a)determining the age-related amount applicable to him; and
(b)making prescribed deductions in respect of earnings [F2, pension payments, PPF payments and FAS payments] .
(2) The age-related amount applicable to a claimant, for the purposes of paragraph (1)(a), shall be determined in accordance with regulations.
(3) [F3In the case of an income-based jobseeker's allowance[F4 (other than a joint-claim jobseeker's allowance)], the amount payable shall be—
(a)if a claimant has no income, the applicable amount;
(b)if a claimant has an income, the amount by which the applicable amount exceeds his income.]
[F4(3A) [F3In the case of a joint-claim jobseeker's allowance, the amount payable in respect of a joint-claim couple shall be—
(a)if the couple have no income, the applicable amount;
(b)if the couple have an income, the amount by which the applicable amount exceeds the couple's income.]]
(4) Except in prescribed circumstances, a jobseeker's allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.
(5) The applicable amount shall be such amount or the aggregate of such amounts as may be determined in accordance with regulations.
(6) [F5Where a claimant[F4 is entitled to both a contribution-based jobseeker's allowance and an income-based jobseeker's allowance] but has no income, the amount payable[F4 by way of a jobseeker's allowance] shall be—
(a)the applicable amount, if that is greater than his personal rate; and
(b)his personal rate, if it is not.]
(7) [F5Where the amount payable to a claimant to whom paragraph (6) apples is the applicable amount, the amount payable to him by way of a jobseeker's allowance shall be taken to consist of two elements—
(a)one being an amount equal to his personal rate; and
(b)the other being an amount equal to the excess of the applicable amount over his personal rate.]
(8) [F5Where a claimant[F4 is entitled to both a contribution-based jobseeker's allowance and an income-based conditions] and has an income, the amount payable[F4 by way of a jobseeker's allowance] shall be—
(a)the amount by which the applicable amount exceeds his income, if the amount of that excess is greater than his personal rate; and
(b)his personal rate, if it is not.]
(9) [F5Where the amount payable to a claimant to whom paragraph (8) applies is the amount by which the applicable amount exceeds his income, the amount payable to him by way of a jobseeker's allowance shall be taken to consist of two elements—
(a)one being an amount equal to his personal rate; and
(b)the other being an amount equal to the amount by which the difference between the applicable amount and his income exceeds his personal rate.]
(10) [F5The element of a jobseeker's allowance mentioned in paragraph (7)(a) and that mentioned in paragraph (9)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant's entitlement to a contribution-based jobseeker's allowance.]
(11) [F5The element of a jobseeker's allowance mentioned in paragraph (7)(b) and that mentioned in paragraph (9)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant's entitlement to an income-based jobseeker's allowance.]
[F4(11A) [F5In paragraphs (6) to (11) “claimant” does not include—
(a)a joint-claim couple, or
(b)a member of such a couple (other than a person to whom regulations under Article 3(2C) apply);
but Article 6A, which contains corresponding provisions relating to joint-claim couples, applies instead.]]
(12) Regulations under paragraph (5) may provide that, in prescribed cases, an applicable amount is to be nil.
F1Words in art. 6(1) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))
F2Words in art. 6(1)(b) substituted (14.2.2006) by Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006/37), arts. 1(1), 2, Sch. para. 2(3)
F3Art. 6(3)(3A) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))
F5Art. 6(6)-(11A) repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))
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