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The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

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Persons temporarily absent from Northern Ireland

50.—(1) For the purposes of the Order, a claimant shall be treated as being in Northern Ireland during any period of temporary absence from Northern Ireland—

(a)not exceeding 4 weeks in the circumstances specified in paragraphs (2), (3) and (4);

(b)not exceeding 8 weeks in the circumstances specified in paragraph (5).

(2) The circumstances specified in this paragraph are that—

(a)the claimant is in Great Britain and satisfies the conditions of entitlement to a jobseeker’s allowance;

(b)immediately preceding the period of absence from Northern Ireland the claimant was entitled to a jobseeker’s allowance, and

(c)the period of absence is unlikely to exceed 52 weeks.

(3) The circumstances specified in this paragraph are that—

(a)immediately preceding the period of absence from Northern Ireland the claimant was entitled to a jobseeker’s allowance;

(b)the period of absence is unlikely to exceed 52 weeks;

(c)while absent from Northern Ireland, the claimant continues to satisfy, or be treated as satisfying, the other conditions of entitlement to a jobseeker’s allowance, and

(d)is one of a couple, both of whom are absent from Northern Ireland, where the premium referred to in paragraph 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of the claimant’s partner.

(4) The circumstances of this paragraph are that—

(a)while absent from Northern Ireland the person is in receipt of a training allowance;

(b)regulation 168 (persons in receipt of a training allowance) applies in his case, and

(c)immediately preceding his absence from Northern Ireland, he was entitled to a jobseeker’s allowance.

(5) The circumstances specified in this paragraph are that—

(a)immediately preceding the period of absence from Northern Ireland, the claimant was entitled to a jobseeker’s allowance;

(b)the period of absence is unlikely to exceed 52 weeks;

(c)the claimant continues to satisfy, or be treated as satisfying, the other conditions of entitlement to a jobseeker’s allowance;

(d)the claimant is, or the claimant and any other member of his family are, accompanying a member of the claimant’s family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement, and

(e)those arrangements relate to treatment—

(i)outside Northern Ireland;

(ii)during the period whilst the claimant is, or the claimant and any member of his family are, temporarily absent from Northern Ireland, and

(iii)by, or under the supervision of, a person appropriately qualified to carry out that treatment.

(6) A person shall also be treated, for the purposes of the Order, as being in Northern Ireland during any period of temporary absence from Northern Ireland where—

(a)the absence is for the purpose of attending an interview for employment;

(b)the absence is for 7 consecutive days or less;

(c)notice of the proposed absence is given to the employment officer before departure, and is given in writing if so required by the officer, and

(d)on his return to Northern Ireland the person satisfies the employment officer that he attended for the interview in accordance with his notice.

(7) In this regulation—

“appropriately qualified” means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;

“employment officer” means a person who is an employment officer for the purposes of Articles 11 and 12 of the Order.

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