The Jobseeker’s Allowance (Members of the Reserve Forces) Regulations (Northern Ireland) 2012
Citation and commencement1.
These Regulations may be cited as the Jobseeker’s Allowance (Members of the Reserve Forces) Regulations (Northern Ireland) 2012 and shall come into operation on 30th July 2012.
Amendment of the Jobseeker’s Allowance Regulations2.
(1)
(2)
(3)
“(u)
if he is engaged in annual continuous training as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations, for a maximum of 15 days in any calendar year.”.
(4)
“(x)
in any week during which he is engaged for not less than 3 days in annual continuous training as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations, for a maximum of 15 days in any calendar year.”.
(5)
(6)
“(2B)
Earnings derived by a claimant as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account—
(a)
in the case of a period of training exceeding 14 days, over a period of 14 days, or which is equal to the duration of the training period, or
(b)
in any other case, over a period which is equal to the duration of the training period.
(2C)
The period referred to in paragraph (2B) over which earnings are to be taken into account shall begin on the date on which they are treated as paid under regulation 96.”.
(7)
“19.
(1)
In the case of a contribution-based jobseeker’s allowance, where by reason of earnings to which sub-paragraph (3) applies (in aggregate with the claimant’s other earnings (if any) calculated in accordance with this Part) the claimant would (apart from this paragraph) have a personal rate of less than 10 pence, the amount of such earnings but only to the extent that that amount exceeds the claimant’s personal rate less 10 pence.
(2)
In the case of an income-based jobseeker’s allowance, where earnings to which sub-paragraph (3) applies (in aggregate with the claimant’s other income (if any) calculated in accordance with this Part) exceed the applicable amount less 10 pence, the amount of those earnings corresponding to that excess.
(3)
This sub-paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 9, derived by the claimant from employment as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year.
(4)
In sub-paragraph (1), “personal rate” means the rate for the claimant calculated as specified in Article 6(1) of the Order.”.
(8)
Sealed with the Official Seal of the Department for Social Development on 9th July 2012
These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the 1996 Regulations”) in relation to a member of the Territorial Army or another reserve force who is in receipt of jobseeker’s allowance.
The amendments made by regulation 2(3) and (4) provide that, during the period of annual continuous training which reserve force members are required to undertake for up to 15 days in any calendar year, such persons will be treated as available for, and actively seeking, employment (which are two of the basic conditions for entitlement to jobseeker’s allowance).
The amendment made by regulation 2(6) provides that earnings derived from participation as a member of the reserve forces in annual continuous training, whether paid alone or together with other earnings derived from the same source, are to be taken into account for a period of the same duration as the training undertaken, except where the training exceeds 14 days, in which case they must be taken into account over a period of 14 days. The period over which the earnings are to be taken into account begins on the date on which the earnings are treated as having been paid in accordance with regulation 96 of the 1996 Regulations.
The amendment made by regulation 2(7) provides that earnings derived from participation in annual continuous training will be disregarded to the extent that they would have the effect (when aggregated with any other income) of reducing claimant’s entitlement to jobseeker’s allowance to less than 10 pence per week. This ensures that reserve force members in receipt of jobseeker’s allowance can retain a minimum entitlement to that benefit in the week in which they are paid for their participation in annual training.
Regulation 2(2), (5) and (8) makes consequential amendments to other provisions of the 1996 Regulations.
These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions 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.