The Welfare Reform and Pensions (Northern Ireland) Order 1999

3.—(1) Article 3 (entitlement to jobseeker’s allowance) is amended as follows.

(2) In paragraph (2) (conditions of entitlement), for sub-paragraph (d) (claimant must satisfy conditions set out in Article 4 or 5) substitute—

“(d) satisfies the conditions set out in Article 4;”.

(3) After paragraph (2) insert—

“(2A) Subject to the provisions of this Order, a claimant who is not a member of a joint-claim couple is entitled to a jobseeker’s allowance if he satisfies—

(a) the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

(b) the conditions set out in Article 5.

(2B) Subject to the provisions of this Order, a joint-claim couple are entitled to a jobseeker’s allowance if—

(a) a claim for the allowance is made jointly by the couple;

(b) each member of the couple satisfies the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

(c) the conditions set out in Article 5A are satisfied in relation to the couple.

(2C) Regulations may prescribe circumstances in which paragraph (2A) is to apply to a claimant who is a member of a joint-claim couple.

(2D) Regulations may, in respect of cases where a person would (but for the regulations) be a member of two or more joint-claim couples, make provision for only one of those couples to be a joint-claim couple; and the provision which may be so made includes provision for the couple which is to be the joint-claim couple to be nominated—

(a) by the persons who are the members of the couples, or

(b) in default of one of the couples being so nominated, by the Department.”.

(4) In paragraph (4)—

(a) in the definition of “an income-based jobseeker’s allowance”, at the end insert “or a joint-claim jobseeker’s allowance;” and

(b) after that definition insert—

• ““a joint-claim couple” means a married or unmarried couple who—

  (a)

  are not members of any family whose members include a person in respect of whom a member of the couple is entitled to child benefit, and

  (b)

  are of a prescribed description;

• “a joint-claim jobseeker’s allowance” means a jobseeker’s allowance entitlement to which arises by virtue of paragraph (2B).”.