SCHEDULES

SCHEDULE 7JOINT CLAIMS FOR JOBSEEKER'S ALLOWANCE

Jobseekers (Northern Ireland) Order 1995 (NI 15)

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—

    1. 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

    2. 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).