(This note is not part of the Regulations)
These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 2016 (S.R. 2016 No. 218) (“the JSA Regulations”) and the Employment and Support Allowance Regulations (Northern Ireland) 2016 (S.R. 2016 No. 219) (“the ESA Regulations”) so as to correct an error made in the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017 No. 116) (“the 2017 Regulations”).
The 2017 Regulations omitted sub-paragraph (a) of regulation 19(4) of the JSA Regulations and sub-paragraph (a) of regulation 51(4) of the ESA Regulations whereas they should have omitted the whole of paragraph (4) of each of the respective regulations. These Regulations correct that error and omit paragraph (4) of regulation 19 of the JSA Regulations and paragraph (4) of regulation 51 of the ESA Regulations. The omission of those paragraphs ensures that the provisions in Part 3 of the JSA Regulations and Part 8 of the ESA Regulations can operate effectively. Those provisions set out the length of a sanction where a benefit claimant fails to comply with a work-related requirement.
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 requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.