The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Chapter III Actively Seeking Employment

Steps to be taken by persons actively seeking employment

18.—(1) For the purposes of Article 9(1) of the Order (actively seeking employment) a person shall be expected to have to take more than one step on one occasion in any week unless taking one step on one occasion is all that it is reasonable for that person to do in that week.

(2) Steps which it is reasonable for a person to be expected to have to take in any week include—

(a) oral or written applications (or both) for employment made to persons—

(i) who have advertised the availability of employment, or

(ii) who appear to be in a position to offer employment;

(b) seeking information on the availability of employment from—

(i) advertisements;

(ii) persons who have placed advertisements which indicate the availability of employment;

(iii) employment agencies and employment businesses;

(iv) employers;

(c) registration with an employment agency or employment business;

(d) appointment of a third party to assist the person in question in finding employment;

(e) seeking specialist advice, following referral by an employment officer, on how to improve the prospects of securing employment having regard to that person’s needs and in particular in relation to any mental or physical limitations of that person;

(f) drawing up a curriculum vitae;

(g) seeking a reference or testimonial from a previous employer;

(h) drawing up a list of employers who may be able to offer employment to him with a view to seeking information from them on the availability of employment;

(i) seeking information about employers who may be able to offer employment to him;

(j) seeking information on an occupation with a view to securing employment in that occupation.

(3) In determining whether, in relation to any steps taken by a person, the requirements of Article 9(1) of the Order are satisfied in any week, regard shall be had to all the circumstances of the case, including—

(a) his skills, qualifications and abilities;

(b) his physical or mental limitations;

(c) the time which has elapsed since he was last in employment and his work experience;

(d) the steps which he has taken in previous weeks and the effectiveness of those steps in improving his prospects of securing employment;

(e) the availability and location of vacancies in employment;

(f) any time during which he was—

(i) engaged in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others;

(ii) attending an Outward Bound course;

(iii) in the case of a blind person, participating in a course of training in the use of guide dogs;

(iv) participating in training in the use of aids to overcome any physical or mental limitations of his in order to improve his prospects of securing employment;

(v) engaged in duties as a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979(1);

(vi) participating as a part-time student in an employment-related course, or

(vii) participating for less than 3 days in an employment or training programme for which a training allowance is not payable;

(g) any time during which he was engaged in voluntary work and the extent to which it may have improved his prospects of securing employment;

(h) whether he is treated as available for employment under regulation 14;

(i) whether he has applied for, or accepted, a place on, or participated in, a course or programme the cost of which is met in whole or in part out of central funds or by the European Community and the purpose of which is to assist persons to select, train for, obtain or retain employed earner’s employment or self-employed earner’s employment, and

(j) where he had no living accommodation in that week the fact that he had no such accommodation and the steps which he needed to take and has in fact taken to seek such accommodation.

(4) Any act of a person which would otherwise be relevant for purposes of Article 9 of the Order shall be disregarded in the following circumstances—

(a) where, in taking the act, he acted in a violent or abusive manner;

(b) where the act comprised the completion of an application for employment and he spoiled the application;

(c) where by his behaviour or appearance he otherwise undermined his prospects of securing the employment in question,

unless those circumstances were due to reasons beyond his control.

(5) In this regulation—

“employment agency” and “employment business” mean an employment agency or (as the case may be) employment business within the meaning of Article 11 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981(2);

“employment or training programme” means a course or programme the person’s participation in which is attributable to arrangements made by the Department under section 1 of the Employment and Training Act (Northern Ireland) 1950(3) and sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(4) for the purpose of assisting persons to select, train for, obtain or retain employment.

Circumstances in which a person is to be treated as actively seeking employment

19.—(1) A person shall be treated as actively seeking employment in the following circumstances, subject to paragraph (2) and to any maximum period specified in this paragraph—

(a) in any week during which he is participating for not less than 3 days as a full-time student in an employment-related course where participation by him has been approved before the course started by an employment officer, for a maximum of 2 weeks and one such course in any period of 12 months;

(b) in any week during which he is attending for not less than 3 days a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;

(c) in any week during which he is temporarily absent from Northern Ireland for not less than 3 days because he is taking a member of his family who is a child or young person abroad for treatment, for a maximum of 8 weeks;

(d) in any week during which he is engaged for not less than 3 days in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others;

(e) if he is a member of a couple, in any week during which he is for not less than 3 days looking after a member of his family who is a child while the other member is temporarily absent from the United Kingdom, for a maximum of 8 weeks;

(f) if he is following an Open University course, in any week during which he is attending for not less than 3 days, as a requirement of that course, a residential course, for a maximum of one week per course;

(g) in any week during which he is for not less than 3 days temporarily looking after a child full-time because the person who normally looks after the child is ill or temporarily absent from home or the person is looking after a member of the family who is ill, for a maximum of 8 weeks;

(h) in the first week after the date of claim if he is treated as available for employment to any extent in that week under regulation 14(1)(h) (circumstances in which a person is to be treated as available);

(i) if there is a period between the date of claim and the beginning of the first week after that date, for that period;

(j) if there is a period between the date the award is terminated and the end of the week in which the award is terminated, for the period between the beginning of the week in which the award is terminated and the date the award is terminated;

(k) in any week during which he is for not less than 3 days treated as capable of work in accordance with regulation 55 (short periods of sickness);

(l) in any week during which he is temporarily absent from Northern Ireland for not less than 3 days in order to attend an interview for employment and has given notice to an employment officer, in writing if so required by the employment officer, that he will be so absent, for a maximum of one week;

(m) if he is a member of a couple, in any week during which he and his partner are both absent from Northern Ireland for not less than 3 days and in which a premium referred to in paragraph 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks;

(n) in any week during which he is treated as available for employment on not less than 3 days under regulation 14(2);

(o) in any week in respect of which he has given notice to an employment officer, in writing if so required by the employment officer, that—

(i) he does not intend to be actively seeking employment, but

(ii) he does intend to reside at a place other than his usual place of residence for at least one day;

(p) in any week during which he is participating for not less than 3 days in an employment or training programme for which a training allowance is not payable;

(q) in any week, being part of a single period not exceeding 8 weeks falling within a period of continuous entitlement to a jobseeker’s allowance, during which he is taking active steps to establish himself in self-employed earner’s employment under any scheme established by virtue of arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950 for assisting persons to become so employed, and the single period referred to above shall begin with and include the week in which he is accepted on a place under the scheme.

(2) In any period of 12 months a person shall be treated as actively seeking employment under paragraph (1)(o) only for the number of weeks specified in one of the following sub-paragraphs—

(a) a maximum of 2 weeks;

(b) a maximum of 3 weeks during which he is attending for at least 3 days in each such week an Outward Bound course, or

(c) if he is a blind person, a maximum of 6 weeks during which, apart from a period of no more than 2 weeks, he participates for a maximum period of 4 weeks in a course of training in the use of guide dogs of which at least 3 days in each such week is spent in that training.

(3) In this regulation—

“employment or training programme” means a course or programme the person’s participation in which is attributable to arrangements made by the Department under section 1 of the Employment and Training Act (Northern Ireland) 1950 and sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 for the purpose of assisting persons to select, train for, obtain or retain employment;

“treatment” means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

Further circumstances in which a person is to be treated as actively seeking employment: permitted period

20.—(1) A person to whom paragraph (2) does not apply shall be treated as actively seeking employment in any week during any permitted period determined in his case in accordance with regulation 16 (further circumstances in which a person is to be treated as available: permitted period), if he is actively seeking employment in that week—

(a) only in his usual occupation;

(b) only at a level of remuneration not lower than that which he is accustomed to receive, or

(c) only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive.

(2) A person to whom this paragraph applies shall be treated as actively seeking employment in any week during any permitted period determined in his case in accordance with regulation 16, if he is actively seeking employment, self-employed earner’s employment, or employment and self-employed earner’s employment in that week—

(a) only in his usual occupation;

(b) only at a level of remuneration not lower than that which he is accustomed to receive, or

(c) only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive.

(3) Paragraph (2) applies to a person who has, at any time during the period of 12 months immediately preceding the date of claim, been engaged in his usual occupation in self-employed earner’s employment.

Further circumstances in which a person is to be treated as actively seeking employment: laid off and short-time workers

21.  A person who has restricted his availability for employment in accordance with regulation 17(1) (laid off and short-time workers) or, as the case may be, regulation 17(2), shall in any week in which he has so restricted his availability for not less than 3 days be treated as actively seeking employment in that week if he takes such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment for which he is available under regulation 17.

Interpretation of certain expressions for the purposes of regulations 18(3)(f)(i) and 19(1)(d)

22.  For the purposes of regulations 18(3)(f)(i) (steps to be taken by persons actively seeking employment) and 19(1)(d) (circumstances in which a person is to be treated as actively seeking employment)—

(a) a person is engaged in duties for the benefit of others while—

(i) providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired;

(ii) protecting property of substantial value from imminent risk of serious damage or destruction, or

(iii) assisting in measures being taken to prevent a serious threat to the health of the people,

as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;

(b) events which may give rise to an emergency include—

(i) a fire, a flood or an explosion;

(ii) a natural catastrophe;

(iii) a railway or other transport accident;

(iv) a cave or mountain accident;

(v) an accident at sea;

(vi) a person being reported missing and the organisation of a search for that person.

(1)

S.I. 1979/591; relevant amending regulations are S.I. 1980/1975 and S.I. 1994/1553

(2)

S.I. 1981/839 (N.I. 20); Article 11 was amended by paragraph 5 of Schedule 10 to the Deregulation and Contracting Out Act 1994 (c. 40)

(3)

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

(4)

1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))