The Jobseeker’s Allowance (Joint Claims) Regulations (Northern Ireland) 2000

58.  After Schedule 5 there shall be inserted the following Schedule—

Regulation 88ZA(4)

“SCHEDULE 5A Sums to be Disregarded in the Calculation of Earnings of Members of Joint-Claim Couples

1.— (1) In a case to which this paragraph applies, £15; but notwithstanding regulation 88ZA (calculation of income and capital of members of a joint-claim couple), if this paragraph applies to one member of a joint-claim couple it shall not apply to the other member except where, and to the extent that, the earnings of the member which are to be disregarded under this paragraph are less than £15.

(2) This paragraph applies where the joint-claim couple’s applicable amount includes, or, but for one member being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of a disability premium under Schedule 1 (applicable amounts).

(3) This paragraph applies where—

(a) the joint-claim couple’s applicable amount would include—

(i) an amount by way of the disability premium under Schedule 1 but for the higher pensioner premium under that Schedule being applicable, or

(ii) had a member of that couple not been an in-patient or in accommodation in a residential care home, nursing home or in residential accommodation, the higher pensioner premium under that Schedule and had that been the case, the joint-claim couple would also satisfy the condition in head (i), and

(b) either member is under the age of 60 and at least one is engaged in part-time employment.

(4) This paragraph applies where—

(a) the joint-claim couple’s applicable amount includes, or but for a member being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 1;

(b) either member has attained the age of 60;

(c) immediately before attaining that age either or, as the case may be, both members were engaged in part-time employment and the joint-claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of £15, and

(d) either or, as the case may be, both members have continued in part-time employment.

(5) For the purposes of this paragraph—

(a) except where head (b) or (c) applies, no account shall be taken of any period not exceeding 8 consecutive weeks occurring—

(i) on or after the date on which either member attained the age of 60 during which either member was, or both members were, not engaged in part-time employment or either member was, or both members were, not entitled to a jobseeker’s allowance or income support, or

(ii) immediately after the date on which either member ceased to participate in arrangements for training provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(1) or arranged under section 1(1) of the Employment and Training Act (Northern Ireland) 1950(2);

(b) in a case where either or both members have ceased to be entitled to a jobseeker’s allowance or income support because either member becomes engaged in remunerative work, no account shall be taken of any period during which either or both members were not entitled to a jobseeker’s allowance or income support, not exceeding the permitted period, occurring on or after the date on which either member attained the age of 60;

(c) no account shall be taken of any period occurring on or after the date on which either member attained the age of 60 during which either or both members were not entitled to a jobseeker’s allowance or income support because either or both members were participating in arrangements for training provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or arranged under section 1(1) of the Employment and Training Act (Northern Ireland) 1950.

2.— (1) In a case where paragraph 1 does not apply to a member of a joint-claim couple and subject to sub-paragraph (2), where the joint-claim couple’s applicable amount includes an amount by way of the carer premium under Schedule 1 (applicable amounts), £15 of the earnings of the person who is, or at any time in the preceding 8 weeks was, in receipt of an invalid care allowance or treated in accordance with paragraph 20J(2) of that Schedule as being in receipt of an invalid care allowance.

(2) Where the carer premium is awarded in respect of a joint-claim couple, the earnings of each member shall for the purposes of this paragraph be aggregated but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £15 of the aggregated amount.

3.— (1) In a case to which neither paragraph 1 nor 2 applies to a member of a joint-claim couple (“the first member”), £15 of earnings derived from one or more employments to which paragraph 9 of Schedule 5 applies but, notwithstanding regulation 88ZA (calculation of income and capital of a joint-claim couple), if this paragraph applies to one member of a joint-claim couple it shall not apply to the other member except to the extent specified in sub-paragraph (2).

(2) If the other member is engaged in employment—

(a) specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the first member’s earnings disregarded under this paragraph exceed £15;

(b) other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £5 as would not in aggregate with the first member’s earnings disregarded under this paragraph exceed £15.

4.   Where a member of a joint-claim couple is engaged in one or more employments specified in paragraph 3(1) but his earnings derived from such employments are less than £15 in any week and he is also engaged in any other part-time employment, so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 3 exceed £15.

5.   In the case of a member of a joint-claim couple who—

(a) has been engaged in employment as—

(i) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979(3), or

(ii) a person in the army whose service is restricted to part-time service in Northern Ireland pursuant to section 1 of the Army Act 1992, Regulations made under section 2 of the Armed Forces Act 1966, or the terms of his commission, and

(b) by reason of that employment, the joint-claim couple have failed to satisfy any of the conditions of entitlement to a joint-claim jobseeker’s allowance, other than the condition in Article 5A(1)(a) of the Order (income not in excess of applicable amount),

any earnings from that employment paid in respect of the period in which the joint-claim couple were not entitled to a joint-claim jobseeker’s allowance.

6.— (1) In a case where none of paragraphs 1 to 5 apply, £10 but, notwithstanding regulation 88ZA (calculation of income and capital of joint-claim couples), if this paragraph applies to one member of a joint-claim couple, it shall not apply to the other member except where, and to the extent that, the earnings of the member which are to be disregarded under this sub-paragraph are less than £10.

(2) In a case to which one or more of paragraphs 1 to 5 apply and the total amount disregarded under those paragraphs is less than £10, so much of the earnings of the member of a joint-claim couple as would not in aggregate with the amount disregarded under paragraphs 1 to 5 exceed £10.

7.   In this Schedule, “part-time employment” and “permitted period” shall bear the meanings prescribed respectively in paragraphs 20 and 21 of Schedule 5.”.

(1)

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))

(2)

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))

(3)

S.I. 1979/591; relevant amending Regulations are S.I. 1990/1975 and S.I. 1994/1553