The Jobseeker’s Allowance Regulations (Northern Ireland) 2016

Jobseeking period

36.—(1) For the purposes of the Order, but subject to paragraph (2), the “jobseeking period” means any period throughout which the claimant satisfies or is treated as satisfying the conditions specified in Article 3(2)(b) and (e) to (i) of the Order (conditions of entitlement to a jobseeker’s allowance)(1).

(2) The following periods are not to be, or to be part of, a jobseeking period—

(a) any period in respect of which no claim for a jobseeker’s allowance has been made or treated as made;

(b) such period as falls before the day on which a claim for a jobseeker’s allowance is made or treated as made;

(c) where a claim for a jobseeker’s allowance has been made or treated as made but no entitlement to benefit arises in respect of a period before the date of claim by virtue of section 1(2) of the Social Security Administration (Northern Ireland) Act 1992 (limits for backdating entitlement)(2), that period;

(d) any week in which a claimant is not entitled to a jobseeker’s allowance in accordance with Article 16 of the Order (trade disputes); or

(e) any period in respect of which a claimant is not entitled to a jobseeker’s allowance because section 1(1A) of the Social Security Administration (Northern Ireland) Act 1992 (requirement to state national insurance number)(3) applies.

(3) For the purposes of Article 7 of the Order (duration of a jobseeker’s allowance), a day must be treated as if it was a day in respect of which the claimant was entitled to a jobseeker’s allowance where that day—

(a) falls within a jobseeking period; and

(b) is a day

(i) on which the claimant satisfies the conditions specified in Article 4 of the Order (the contribution-based conditions)(4) other than the conditions specified in Article 4(1)(c) and (d) of the Order, and

(ii) on which a jobseeker’s allowance is not payable to the claimant by virtue of Articles 8J or 8K of the Order or by virtue of a restriction imposed pursuant to section 5B, 6, 7 or 8 of the Social Security Fraud Act (Northern Ireland) 2001 (loss of benefit provisions)(5).

(1)

Article 3(2) was amended by paragraph 6(3) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and Article 50(3) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))

(2)

1992 c. 8 (N.I.); section 1(2) was amended by paragraph 15 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

(3)

Section 1(1A) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11))

(4)

Article 4 was amended by paragraph 102 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), paragraph 4 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, paragraph 46 of Schedule 1 to the National Insurance Contributions Act 2002 (c. 19), section 11(1) to (5) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and paragraph 29 of Schedule 2 and Schedule 12 to Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))

(5)

2001 c. 17 (N.I.); section 5B was inserted by section 19(1) of the Welfare Reform Act (Northern Ireland) 2010. Section 6 was amended by paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), section 45(1) and paragraph 14(2) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and paragraph 1 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010. Section 7 was amended by section 1(5) of and paragraph 2 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010. Section 8 was amended by paragraph 34 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 14(4) and (5) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 and paragraph 3 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010