The Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1997

Statutory Rules of Northern Ireland

1997 No. 484

SOCIAL SECURITY

The Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1997

Made

10th November 1997

Coming into operation

1st December 1997

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 36(1) and (2)(a), 39(1)(a) and (2)(b) of, and paragraph 3 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995(1) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 1st December 1997.

Amendment of regulation 47A of the Jobseeker’s Allowance Regulations

2.  In regulation 47A of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(2) (jobseeking periods: periods of interruption of employment)—

(a) immediately before paragraph (a) there shall be inserted the following paragraph—

“(za) where a linked period commenced before 7th October 1996 and is still current on 1st December 1997, any days of unemployment which form part of a period of interruption of employment where the last day of unemployment in that period of interruption of employment was no more than 8 weeks before the date upon which that linked period commenced;”;

(b) at the end, there shall be added “and, for the purposes of paragraph (za), a day shall be treated as being, or not being, a day of unemployment in accordance with section 25A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3) and with any regulations made under that section, as in operation on 6th October 1996”.

Amendment of regulation 8 of the Jobseeker’s Allowance (Transitional Provisions) (No. 2) Regulations

3.  In regulation 8(4)(a) of the Jobseeker’s Allowance (Transitional Provisions) (No. 2) Regulations (Northern Ireland) 1996(4) (claims for entitlement to a jobseeker’s allowance) after “312 days” there shall be inserted “but only in so far as this sub-paragraph has effect in the case of any person in respect of any date falling before 1st December 1997”.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

D. A. Baker

Assistant Secretary

10th November 1997.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 by ensuring that where a linked period commenced before 6th October 1996, any day of unemployment which forms part of a period of interruption of employment shall be treated as a jobseeking period if that period ends within 8 weeks of the commencement of the linked period (regulation 2).

They also amend the Jobseeker’s Allowance (Transitional Provisions) (No. 2) Regulations (Northern Ireland) 1996 so as to provide that in the case of persons to whom unemployment benefit was payable on 6th or 7th April 1996 and where the period of interruption of employment that was current on that date was also current on the relevant day, Article 7(1) of the Jobseekers (Northern Ireland) Order 1995 shall only have effect as if the reference to 182 days were replaced by a reference to 312 days, up until the day before these Regulations come into operation (regulation 3).

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

S.I. 1995/2705 (N.I. 15)

(2)

S.R. 1996 No. 198; regulation 47A was inserted by regulation 2(7) of S.R. 1996 No. 503

(3)

1992 c. 7; section 25A was inserted by paragraph 5 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

(4)

S.R. 1996 No. 518