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The Jobseekers (Northern Ireland) Order 1995

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The Jobseekers (Northern Ireland) Order 1995, Section 8K is up to date with all changes known to be in force on or before 27 November 2020. 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. Help about Changes to Legislation


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[F1Other sanctionsN.I.

8K.(1) The amount of an award of a jobseeker's allowance is to be reduced in accordance with this Article in the event of a failure by a claimant which is sanctionable under this Article.

(2) It is a failure sanctionable under this Article if a claimant—

(a)fails for no good reason to comply with a work-related requirement;

(b)fails for no good reason to comply with a requirement under Article 8G.

(3) But a failure by a claimant is not sanctionable under this Article if it is also a failure sanctionable under Article 8J.

(4) Regulations must specify—

(a)the amount of a reduction under this Article;

(b)the period for which such a reduction has effect.

(5) Regulations under paragraph (4)(b) may provide that a reduction under this Article in relation to any failure is to have effect for—

(a)a period continuing until the claimant meets a compliance condition specified by the Department,

(b)a fixed period not exceeding 26 weeks which is—

(i)specified in the regulations, or

(ii)determined in any case by the Department, or

(c)a combination of both.

(6) In paragraph (5)(a) “compliance condition” means—

(a)a condition that the failure ceases, or

(b)a condition relating to future compliance with a work-related requirement or a requirement under Article 8G.

(7) A compliance condition specified under paragraph (5)(a) may be—

(a)revoked or varied by the Department;

(b)notified to the claimant in such manner as the Department may determine.

(8) A period fixed under paragraph (5)(b) may in particular depend on either or both the following—

(a)the number of failures by the claimant sanctionable under this Article;

(b)the period between such failures.

(9) Regulations may provide—

(a)for cases in which no reduction is to be made under this Article;

(b)for a reduction under this Article made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c)for the termination or suspension of a reduction under this Article.]

F1Arts. 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)

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