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The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Type Ni-Statutory-Rule

Publication 1996-05-15

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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articles 4

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(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 or, where good cause is shown for a claim outside the prescribed time for claiming, before the earliest date in respect of which good cause is shown;

(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 Administration Act (limits for backdating entitlement), that period;

(d) where—

(i) a claimant satisfies the conditions specified in Article 3(2)(a) to (c) and (e) to (i), and

(ii) entitlement to a jobseeker’s allowance ceases in accordance with regulation 25 (entitlement ceasing on a failure to comply),

the period beginning with and including the date in respect of which, in accordance with regulation 26 (time at which entitlement is to cease), entitlement ceases and ending with the day before the date in respect of which the claimant again becomes entitled to a jobseeker’s allowance, or

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

(4) For the purposes of Article 7 of the Order (duration of a contribution-based jobseeker’s allowance) any day—

(a) which falls within a jobseeking period;

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

(c) on which the claimant is not entitled to a contribution-based jobseeker’s allowance by virtue of Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable) or any provision of these Regulations,

shall be treated as if it was a day in respect of which he was entitled to a contribution-based jobseeker’s allowance.

Linking periods

48

(1) For the purposes of the Order, 2 or more jobseeking periods shall be treated as one jobseeking period where they are separated by a period comprising only—

(a) any period of not more than 12 weeks;

(b) a linked period;

(i) any 2 linked periods, or

(ii) a jobseeking period and a linked period;

(d) a period in respect of which the claimant is summoned to jury service.

(2) Linked periods for the purposes of the Order are any of the following periods—

(a) to the extent specified in paragraph (3), any period throughout which the claimant is entitled to an invalid care allowance under section 70 of the Benefits Act;

(b) any period throughout which the claimant is incapable of work, or is treated as incapable of work, in accordance with Part XIIA of the Benefits Act[^f00046] (incapacity for work);

(c) any period throughout which the claimant was entitled to a maternity allowance under section 35 of the Benefits Act[^f00047], or would have been so entitled but for a failure to satisfy the contribution conditions specified in paragraph 3 of Part I of Schedule 3 to the Benefits Act;

(d) any period throughout which the claimant was engaged in training for which a training allowance is payable.

(3) A period of entitlement to invalid care allowance shall be a linked period only where it enables the claimant to satisfy contribution conditions for entitlement to a contribution-based jobseeker’s allowance which he would otherwise be unable to satisfy.

Person approaching retirement and the jobseeking period

49

(1) Paragraphs (2) to (4) apply only to days which fall—

(a) after 6th October 1996, and

(b) within a tax year in which the claimant has attained the age of 60 but is under pensionable age,

and in respect of which a jobseeker’s allowance is not payable because the decision of the determining authority is that the claimant—

(i) has exhausted his entitlement to a contribution-based jobseeker’s allowance;

(ii) fails to satisfy one or both of the contribution conditions specified in Article 4(1)(a) and (b) of the Order, or

(iii) is entitled to a contribution-based jobseeker’s allowance but the amount payable is reduced to nil by virtue of deductions made in accordance with regulation 81 for pension payments.

(2) For the purposes of regulation 47(1) (jobseeking period) but subject to paragraphs (3) and (4), any days to which paragraph (1) applies shall be days on which the person is treated as satisfying the conditions specified in Article 3(2)(a) to (c) and (e) to (i) of the Order (conditions of entitlement to a jobseeker’s allowance).

(3) Where a person—

(a) is treated as satisfying the conditions of entitlement mentioned in paragraph (2), and

(b) is employed as an employed earner or a self-employed earner for a period of more than 12 weeks,

then no day which falls within or follows that period shall be days on which the person is treated as satisfying those conditions so however that this paragraph shall not prevent paragraph (2) from again applying to a person who makes a claim for a jobseeker’s allowance after that period.

(4) Any day which is, for the purposes of section 30C of the Benefits Act[^f00048], a day of incapacity for work falling within a period of incapacity for work shall not be a day on which the person is treated as satisfying the conditions referred to in paragraph (2).

Persons temporarily absent from Northern Ireland

50

(1) For the purposes of the Order, a claimant shall be treated as being in Northern Ireland during any period of temporary absence from Northern Ireland—

(a) not exceeding 4 weeks in the circumstances specified in paragraphs (2), (3) and (4);

(b) not exceeding 8 weeks in the circumstances specified in paragraph (5).

(2) The circumstances specified in this paragraph are that—

(a) the claimant is in Great Britain and satisfies the conditions of entitlement to a jobseeker’s allowance;

(b) immediately preceding the period of absence from Northern Ireland the claimant was entitled to a jobseeker’s allowance, and

(3) The circumstances specified in this paragraph are that—

(a) immediately preceding the period of absence from Northern Ireland the claimant was entitled to a jobseeker’s allowance;

(b) the period of absence is unlikely to exceed 52 weeks;

(c) while absent from Northern Ireland, the claimant continues to satisfy, or be treated as satisfying, the other conditions of entitlement to a jobseeker’s allowance, and

(d) is one of a couple, both of whom are absent from Northern Ireland, where the premium referred to in paragraph 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of the claimant’s partner.

(4) The circumstances of this paragraph are that—

(a) while absent from Northern Ireland the person is in receipt of a training allowance;

(b) regulation 168 (persons in receipt of a training allowance) applies in his case, and

(5) The circumstances specified in this paragraph are that—

(a) immediately preceding the period of absence from Northern Ireland, the claimant was entitled to a jobseeker’s allowance;

(b) the period of absence is unlikely to exceed 52 weeks;

(c) the claimant continues to satisfy, or be treated as satisfying, the other conditions of entitlement to a jobseeker’s allowance;

(d) the claimant is, or the claimant and any other member of his family are, accompanying a member of the claimant’s family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement, and

(e) those arrangements relate to treatment—

(i) outside Northern Ireland;

(ii) during the period whilst the claimant is, or the claimant and any member of his family are, temporarily absent from Northern Ireland, and

(iii) by, or under the supervision of, a person appropriately qualified to carry out that treatment.

(6) A person shall also be treated, for the purposes of the Order, as being in Northern Ireland during any period of temporary absence from Northern Ireland where—

(a) the absence is for the purpose of attending an interview for employment;

(b) the absence is for 7 consecutive days or less;

(c) notice of the proposed absence is given to the employment officer before departure, and is given in writing if so required by the officer, and

(d) on his return to Northern Ireland the person satisfies the employment officer that he attended for the interview in accordance with his notice.

(7) In this regulation—

“appropriately qualified” means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;

“employment officer” means a person who is an employment officer for the purposes of Articles 11 and 12 of the Order.

Remunerative work

51

(1) For the purposes of the Order “remunerative work” means—

(a) in the case of the claimant, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 16 hours per week, and

(b) in the case of any partner of the claimant, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 24 hours per week,

and for those purposes, work is work for which payment is made or which is done in expectation of payment.

(2) For the purposes of paragraph (1), the number of hours in which the claimant or his partner is engaged in work shall be determined—

(a) where no recognisable cycle has been established in respect of a person’s work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;

(b) where the number of hours for which he is engaged fluctuate, by reference to the average of hours worked over—

(i) if there is a recognisable cycle of work, and sub-paragraph (c) does not apply, the period of one complete cycle (including, where the cycle involves periods in which the person does not work, those periods but disregarding any other absences);

(ii) in any other case, the period of 5 weeks immediately before the date of claim or the date of review, or such other length of time as may, in the particular case, enable the person’s average hours of work to be determined more accurately;

(c) where the person works at a school or other educational establishment or at some other place of employment and the cycle of work consists of one year but with school holidays or similar vacations during which he does no work, by disregarding those periods and any other periods in which he is not required to work.

(3) In determining in accordance with this regulation the number of hours for which a person is engaged in remunerative work—

(a) that number shall include any time allowed to that person by his employer for a meal or for refreshments, but only where the person is, or expects to be, paid earnings in respect of that time;

(b) no account shall be taken of any hours in which the person is engaged in an employment or scheme to which any one of paragraphs (a) to (h) of regulation 53 (persons treated as not engaged in remunerative work) applies;

(c) no account shall be taken of any hours in which the person is engaged otherwise than in an employment as an earner in caring for—

(i) a person who is in receipt of attendance allowance under section 64 of the Benefits Act or the care component of disability living allowance at the highest or middle rate;

(ii) a person who has claimed an attendance allowance to which section 64 of the Benefits Act applies or a disability living allowance, but only for the period beginning with and including the date of claim and ending on the date the claim is determined or, if earlier, on the expiration of the period of 26 weeks from and including the date of claim, or

(iii) another person and is in receipt of an invalid care allowance under section 70 of the Benefits Act.

(4) In the case of a person to whom regulation 20 of the Income Support (General) (Amendment No. 3) Regulations (Northern Ireland) 1991[^f00049] (“the 1991 Regulations”) would have applied had he been entitled to income support and not a jobseeker’s allowance, paragraph (1)(a) shall have effect as if for the reference to “16 hours” there was substituted a reference to “24 hours”.

(5) In determining for the purposes of paragraph (4) whether regulation 20 of the 1991 Regulations applies, regulations 21 and 22 of those regulations shall have effect as if the references to “income support” included also a reference to “an income-based jobseeker’s allowance”.

Persons treated as engaged in remunerative work

52

(1) Except in the case of a person on maternity leave or absent from work through illness, a person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in regulation 51(1) (remunerative work) where the absence is either without good cause or by reason of a recognised, customary or other holiday.

(2) For the purposes of an income-based jobseeker’s allowance, the partner of a claimant shall be treated as engaged in remunerative work where—

(a) the partner is or was involved in a trade dispute;

(b) had the partner claimed a jobseeker’s allowance, Article 16 of the Order (trade disputes) would have applied in his case, and

(c) the claimant was not entitled to an income-based jobseeker’s allowance when the partner became involved in the trade dispute,

and shall be so treated for a period of 7 days beginning on, and including, the date the stoppage of work at the partner’s place of employment commenced, or if there was no stoppage of work, the date on which the partner first withdrew his labour in furtherance of the trade dispute.

(3) A person who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which regulation 98(1)(b) and (c) (earnings of employed earners) applies are paid, shall be treated as engaged in remunerative work for the period for which those earnings are taken into account in accordance with Part VIII (income and capital).

Persons treated as not engaged in remunerative work

53

A person shall be treated as not engaged in remunerative work in so far as—

(a) he is engaged by a charity or a voluntary organisation or is a volunteer where the only payment received by him or due to be paid to him is a payment which is to be disregarded under regulation 103(2) and paragraph 2 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings);

(b) he is engaged on a scheme for which a training allowance is being paid;

(i) lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either

(ii) his, or his partner's, applicable amount falls to be calculated in accordance with Schedule 3 (applicable amounts of persons in residential care or nursing homes), or, as the case may be, paragraphs 5 to 9, or 15 to 17 of Schedule 4 (applicable amounts in special cases), or

(iii) he or his partner satisfies the conditions specified in paragraph 3(2) of Part I of Schedule 1 (conditions of entitlement to a residential allowance);

(d) he is engaged in employment as—

(i) a part-time member of a fire brigade maintained in pursuance of the Fire Services (Northern Ireland) Order 1984[^f00050];

(ii) an auxiliary coastguard in respect of coastal rescue activities;

(iii) a person engaged part-time in the manning or launching of a lifeboat;

(iv) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979[^f00051];

(v) 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;

(vi) a part-time member of the Royal Ulster Constabulary Reserve appointed under section 9(1) of the Police Act (Northern Ireland) 1970[^f00052];

(e) he is performing his duties as a councillor, and for this purpose “councillor” has the same meaning as in section 167F(2) of the Benefits Act[^f00053];

(f) he is engaged in caring for a person who is accommodated with him by virtue of arrangements made under any of the provisions referred to in paragraph 27 or 28 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings), and is in receipt of any payment specified in that paragraph;

(g) he is—

(i) the partner of the claimant;

(ii) involved in a trade dispute, and

(iii) not a person to whom regulation 55(2) (short periods of sickness) applies,

and had he claimed a jobseeker’s allowance, Article 16 of the Order (trade disputes) would have applied in his case;

(h) he is mentally or physically disabled, and by reason of that disability—

(i) his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area, or

(ii) his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area.

Relevant education

54

(1) Only full-time education which is undertaken by a child or young person and which is not a course of advanced education shall be treated as relevant education for the purposes of the Order.

(2) A child or young person who is receiving full-time education for the purposes of section 138 of the Benefits Act (meaning of “child”) or who is treated as a child for the purposes of that section shall be treated as receiving full-time education.

(3) A young person who—

(a) is a part-time student;

(b) before he became a part-time student fulfilled the requirements specified for a person falling within regulation 11(2) (part-time students), and

shall not be treated as receiving relevant education.

(4) A young person to whom paragraph (3) applied and who has completed or terminated his course of part-time study shall not be treated as receiving relevant education.

Short periods of sickness

55

(1) Subject to paragraphs (2) to (4), a person who—

(a) satisfies the requirements for entitlement to a jobseeker’s allowance or satisfies those requirements other than those specified in Article 3(2)(a) or (c) of the Order or is a person to whom any of the circumstances mentioned in Article 21(5) or (6) of the Order apply;

(b) proves to the satisfaction of the adjudication officer that he is unable to work on account of some specific disease or disablement, and

(c) but for his disease or disablement, satisfies the requirements for entitlement to a jobseeker’s allowance other than those specified in Article 3(2)(a), (c) and (f) of the Order (available for and actively seeking employment, and capable of work),

shall be treated for a period of not more than 2 weeks as capable of work, except where the claimant states in writing that for the period of his disease or disablement he proposes to claim or has claimed incapacity benefit, severe disablement allowance or income support.

(2) The evidence which is required for the purposes of paragraph (1)(b) is a declaration made by the claimant in writing, in a form approved for the purposes by the Department, that he has been unfit for work from and including a date or for a period specified in the declaration.

(3) Paragraphs (1) and (2) shall not apply to a claimant on more than 2 occasions in any one jobseeking period or where a jobseeking period exceeds 12 months, in each successive 12 months within that period and for the purposes of calculating any period of 12 months, the first 12 months in the jobseeking period commences on the first day of the jobseeking period.

(4) Paragraphs (1) to (3) shall not apply to any person where the first day in respect of which he is unable to work falls within 8 weeks of—

(a) an entitlement of his to incapacity benefit, severe disablement allowance or statutory sick pay, or

(b) an entitlement to income support where the person claiming a jobseeker’s allowance satisfied the requirements for a disability premium by virtue of paragraph 12(1)(b) of Schedule 2 to the Income Support Regulations.

Prescribed amount of earnings

56

(1) The prescribed amount of earnings for the purposes of Article 4(1)(c) of the Order (the contribution-based conditions) shall be calculated by applying the formula—

$$(A+D)-£0·01$ where— A is the age-related amount applicable to the claimant in accordance with Article 6(2) of the Order, and D is any amount disregarded from the claimant’s earnings in accordance with regulation 99(2) (calculation of net earnings of employed earners) or regulation 101(2) (calculation of net profit of self-employed earners) and Schedule 5.$

(2) For the avoidance of doubt in calculating the amount of earnings in accordance with paragraph (1), only the claimant’s earnings shall be taken into account.

Part IV — Young Persons

Interpretation of Part IV

57

(1) In this Part—

“child benefit extension period” means— in the case of a person who ceases to be treated as a child by virtue of section 138(1)(a) of the Benefits Act (meaning of “child”) or regulation 7 of the Child Benefit Regulations (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child)— on or after the first Monday in September, but before the first Monday in January of the following year, the period ending with the last day of the week which falls immediately before the week which includes the first Monday in January in that year; on or after the first Monday in January but before the Monday following Easter Monday in that year, the period ending with the last day of the week which falls 12 weeks after the week which includes the first Monday in January in that year; at any other time of the year, the period ending with the last day of the week which falls 12 weeks after the week which includes the Monday following Easter Monday in that year; in the case of a person who was not treated as a child by virtue of section 138(1)(a) of the Benefits Act immediately before he was 16 and who has not been treated as a child by virtue of regulation 7 of the Child Benefit Regulations (interruption of full-time education), the period ending with the date determined in accordance with head (i) as if he had ceased full-time education on the first date on which education ceased to be compulsory for a person of his age in Northern Ireland, and in this paragraph “week” means a period of 7 days beginning with and including a Monday and “year” means a period of 12 months beginning on and including 1st January;

“chronically sick or mentally or physically disabled” has the same meaning as in regulation 13(3)(b) of the Income Support Regulations (circumstances in which persons in relevant education may be entitled to income support);

“full-time education” has the same meaning as in regulation 1 of the Child Benefit Regulations;

“suitable training” means training which is suitable for that young person in vocationally relevant respects, namely his personal capacity, aptitude, his preference, the preference of the training provider, the level of approved qualification aimed at, duration of the training, proximity and prompt availability of the training;

“training” in Articles 5, 18 and 19 of the Order and in this Part except in regulation 65 read with Article 9 of the Order and except in the phrase “suitable training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in Northern Ireland directly or indirectly by a Training Organisation pursuant to its arrangement with the Department of Economic Development whether that agreement is known as an Operating Agreement or by any other name;

“treatment” means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;

“young person” means a person who has reached the age of 16 but not the age of 18 and who does not satisfy the conditions in Article 4 of the Order.

(2) A young person falls within this paragraph if he is—

(a) a member of a married couple where the other member of that couple—

(i) has reached the age of 18;

(ii) is a young person who has registered for employment and training in accordance with regulation 62, or

(iii) is a young person to whom paragraph (4) applies;

(b) a person who has no parent nor any person acting in the place of his parents;

(i) is not living with his parents nor any person acting in the place of his parents;

(ii) immediately before he attained the age of 16 was—

(aa) being looked after by the Department pursuant to a relevant enactment which placed him with some person other than a close relative of his, or

(bb) in custody in any institution to which the Prison (Northern Ireland) Act 1953[^f00054] applies;

(d) a person who is in accommodation which is other than his parental home and which is other than the home of a person acting in the place of his parents, who entered that accommodation—

(i) as part of a programme of rehabilitation or resettlement, that programme being under the supervision of the probation service or the Department;

(ii) in order to avoid physical or sexual abuse, or

(iii) because of a mental or physical handicap or illness and he needs such accommodation because of his handicap or illness;

(e) a person who is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is—

(i) chronically sick or mentally or physically disabled;

(ii) detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or

(iii) prohibited from entering or re-entering Northern Ireland;

(f) a person who of necessity has to live away from his parents and any person acting in the place of his parents because—

(i) he is estranged from his parents and that person;

(ii) he is in physical or moral danger, or

(iii) there is a serious risk to his physical or mental health.

(3) In this regulation any reference to a person acting in the place of a person’s parents includes a reference to the Department, any other government department or voluntary organisation where the person is in their care under a relevant enactment, or to a person with whom the person is boarded out by the Department or voluntary organisation whether or not any payment is made by them.

(4) This paragraph applies to—

(a) a person who falls under any of the following paragraphs of Schedule 1B to the Income Support Regulations[^f00055]—

paragraph 1 (lone parents)

paragraph 2 (single person looking after foster children)

paragraph 3 (persons temporarily looking after another person)

paragraph 4 (persons caring for another person)

paragraph 10 (disabled students)

paragraph 11

paragraph 12 (deaf students)

paragraph 13 (blind persons)

paragraph 14 (pregnancy)

paragraph 15 (persons in education)

paragraph 18 (refugees)

paragraph 21 (persons from abroad)

paragraph 23 (member of couple looking after children while other member temporarily abroad)

paragraph 28 (persons in receipt of a training allowance);

(b) a person who is a member of a couple and is treated as responsible for a child who is a member of his household;

(c) a person who is laid off or kept on short-time, who is available for employment in accordance with Article 8 of the Order and Chapter II of Part II read with regulation 64 and who has not been laid off or kept on short-time for more than 13 weeks;

(d) a person who is temporarily absent from Northern Ireland because he is taking a member of his family who is a child or young person abroad for treatment, and who is treated as being in Northern Ireland in accordance with regulation 50(1)(b) (persons temporarily absent from Northern Ireland) or whose entitlement to income support is to continue in accordance with regulation 4(3) of the Income Support Regulations and who is not claiming a jobseeker’s allowance or income support;

(e) a person who is incapable of work and training by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is unlikely to end within 12 months because of the severity of that disease or disablement.

Young persons to whom Article 5(1)(f)(iii) of the Order applies

58

For the period specified in relation to him, a young person to whom regulation 59, 60 or 61 (young persons in the child benefit extension period, at the end of the period, or other young persons in prescribed circumstances) applies shall be regarded as a person within prescribed circumstances for the purposes of Article 5(1)(f)(iii) of the Order (conditions of entitlement for certain persons under the age of 18).

Young persons in the child benefit extension period

59

(1) For the period specified in paragraph (2), this regulation applies to a young person who falls within regulation 57(2) (interpretation).

(2) The period in the case of any person falling within paragraph (1) is the child benefit extension period, except where regulation 61(1)(d) or (e) (other young persons in prescribed circumstances) applies.

Young persons at the end of the child benefit extension period

60

(1) For the period specified in relation to him in paragraph (2), this regulation applies to a young person who is—

(a) a person who has ceased to live in accommodation provided for him by a Health and Social Services Board or an HSS trust under the Children (Northern Ireland) Order 1995[^f00056] and is of necessity living away from his parents and any person acting in place of his parents;

(b) a person who has been discharged from any institution to which the Treatment of Offenders Act (Northern Ireland) 1968[^f00057] applies after the child benefit extension period and who is a person falling within regulation 57(2) (interpretation).

(2) Except where regulation 61(1)(d) or (e) (other young persons in prescribed circumstances) applies—

(a) the period in the case of a person falling within paragraph (1)(a) is the period which begins on and includes the day on which that paragraph first applies to that person and ends on the day before the day on which that person attains the age of 18 or the day at the end of a period of 8 weeks immediately following the day on which paragraph (1)(a) first had effect in relation to him, whichever is the earlier and this period may include any week in which regulation 7 of the Child Benefit Regulations (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child) also applies to that person;

(b) the period in the case of any person falling within paragraph (1)(b) is the period beginning on and including the day after he was discharged, and ends on the last day of the period of 8 weeks beginning with and including the date on which the period began or on the day before the date on which that person attains the age of 18, whichever first occurs.

(3) In this regulation, “week” means any period of 7 consecutive days.

Other young persons in prescribed circumstances

61

(1) For the period specified in relation to him in paragraph (2), this regulation applies to a young person—

(a) who is a person who is laid off or kept on short-time and is available for employment in accordance with Article 8 of the Order and Chapter II of Part II read with regulation 64 (availability for employment);

(b) who is a member of a couple and is treated as responsible for a child who is a member of his household;

(c) who falls within a prescribed category of persons for the purposes of section 123(1)(e) of the Benefits Act[^f00058] and who is not claiming income support;

(d) to whom Article 5(1)(f)(ii) of the Order does not apply, who is a person falling within regulation 57(2) or 60(1)(a) or (b) (interpretation, or young persons at the end of the child benefit extension period) or sub-paragraph (b) or (c) and who is unable to register with the Department of Economic Development because of an emergency affecting the Department of Economic Development and registers with the Department in accordance with regulation 62(2) (registration);

(e) to whom Article 5(1)(f)(ii) of the Order does not apply, who is a person falling within regulation 57(2) or 60(1)(a) or (b) or sub-paragraph (b) or (c) and who would suffer hardship because of the extra time it would take him to register with the Department of Economic Development and registers with the Department in accordance with regulation 62(3);

(f) who has accepted a firm offer of enlistment by one of the armed forces with a starting date not more than 8 weeks after the offer was made who was not in employment or training at the time of that offer and whose jobseeker’s allowance has never been reduced in accordance with regulation 63 (reduced amounts under Article 19 of the Order) or Article 21(5)(b) or (c) or (6)(c) or (d) of the Order read with regulation 68 (reduced amount of allowance) or rendered not payable in accordance with Article 21(6)(a) or (b) of the Order read with Part V (sanctions).

(a) The period in the case of any person falling within paragraph (1)(a) is the period starting from and including the date on which he was laid off or first kept on short-time and ending on the date on which he ceases to be laid off or kept on short-time or the day before the day he attains the age of 18 or at the expiry of the 13 week period starting with and including the date of the lay off, or date he was first kept on short-time, whichever first occurs;

(b) except where paragraph (1)(d) or (e) applies, the period in the case of any person falling within paragraph (1)(b) or (c) is the period until the day before that person attains the age of 18 or until paragraph (1)(b) or (c) ceases to apply, whichever first occurs;

(c) the period in the case of any person falling within paragraph (1)(d) is the period starting from and including the date of registration with the Department and ending on the day on which the person is next due to attend in accordance with regulation 23 or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;

(d) the period in the case of any person falling within paragraph (1)(e) is the period from and including the date of registration with the Department and ending 5 days after that date or on the day after the day on which he registered with the Department of Economic Development, or on the date on which the period calculated in accordance with regulation 59(2) (young persons in the child benefit extension period) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;

(e) the period in the case of any person falling within paragraph (1)(f) is the period from and including the date of claim and ending with the day before the day on which he is due to enlist or the day before he attains the age of 18, whichever first occurs.

(3) In this regulation “week” means a period of 7 consecutive days.

Registration

62

(1) Except in the circumstances set out in paragraphs (2) and (3) a young person to whom Article 5(1)(f)(ii) or (iii) of the Order applies other than one falling within regulation 61(1)(a) or (f) (other young persons in prescribed circumstances) must register with the Department of Economic Development for both employment and training.

(2) A young person who is unable to register with the Department of Economic Development because of an emergency affecting the Department of Economic Development such as a strike or fire must register with the Department for both employment and training.

(3) A young person who would suffer hardship because of the extra time it would take him to register with the Department of Economic Development must register with the Department for both employment and training.

Reduced payments under Article 19 of the Order

63

(1) Except as provided in paragraph (3), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reduced by a sum equal to 40 per cent. of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1 of Schedule 1 for the period set out in paragraph (2) if—

(a) he was previously entitled to an income-based jobseeker’s allowance and that entitlement ceased by virtue of the revocation of a direction under Article 18 of the Order because he had failed to pursue an opportunity of obtaining training or rejected an offer of training;

(b) his allowance has at any time in the past been reduced in accordance with this regulation or in accordance with regulation 68 (reduced amount of allowance) because he has done an act or omission falling within Article 21(5)(b) or (c) of the Order or rendered not payable in accordance with Article 21(6)(a) or (b) of the Order read with Part V (sanctions) and he has—

(i) failed to pursue an opportunity of obtaining training without showing good cause for doing so;

(ii) rejected an offer of training without showing good cause for doing so, or

(iii) failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure;

(i) done an act or omission falling within Article 18(3)(b)(i) or (ii) of the Order and has not shown good cause for doing so or done an act or omission falling within Article 21(5)(b)(i), (ii) or (iv) of the Order without good cause or done an act or omission falling within Article 21(5)(b)(i), (ii) or (iv) of the Order for which he was regarded as having good cause in accordance with regulation 67(1) (sanctions), and

(ii) after that act or omission failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure,

and at the time he did the act or omission falling within head (i) he was a new jobseeker;

(d) he has—

(i) failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure or done an act or omission falling within Article 21(5)(b)(iii) of the Order without good cause or done an act or omission falling within Article 21(5)(b)(iii) of the Order for which he was regarded as having good cause in accordance with regulation 67(1), and

(ii) after that failure he has failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure and on the day before the day he first attended the course referred to in head (i) he was a new jobseeker;

(e) he has failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure and on the day before he first attended the course he was a new jobseeker, or

(f) he has failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that failure and he lost his place on the course through his misconduct.

(2) The period shall start with and include the date on which the first severe hardship direction is made under Article 18 of the Order after the act referred to in paragraph (1)(a), (b), (c), (d), (e) or (f) have taken place and shall end 14 days later.

(3) In the case of a young person who is pregnant or seriously ill who does an act falling within paragraph (1)(a) to (f), the reduction shall be 20 per cent. of the amount applicable in his case by way of a personal allowance.

(4) For the purposes of this regulation, “new jobseeker” means a young person who has not since first leaving full-time education been employed or self-employed for 16 or more hours per week or completed a course of training or failed to complete a course of training and no certificate has been issued to him to show good cause for that failure under Article 19(4) of the Order or done an act or omission falling within Article 21(5)(b)(iii) without good cause or done an act or omission falling within Article 21(5)(c) of the Order.

(5) A reduction under paragraph (1) or (3) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2·5p but not of 5p, to the next lower multiple of 5p.

Availability for employment

64

(1) A young person is required to be available for employment in accordance with Article 8 of the Order and Chapter II of Part II except as provided in paragraphs (2) and (3).

(2) A young person whose jobseeker’s allowance has not been reduced in accordance with regulation 63 (reduced payments under Article 19 of the Order) or in accordance with regulation 68 (reduced amount of allowance) because he has done an act or omission falling within Article 21(5)(b) or (c) or (6)(c) or (d) of the Order or rendered not payable in accordance with Article 21(6)(a) or (b) of the Order read with Part V (sanctions) and who does not fall within regulation 61(1)(a) or (f) (other persons in prescribed circumstances) may restrict his availability for employment to employment where suitable training is provided by the employer.

(3) A young person who places restrictions on the nature of employment for which he is available as permitted by paragraph (2) does not have to show that he has reasonable prospects of securing employment notwithstanding those restrictions.

Active seeking

65

(1) Subject to paragraphs (2) to (6), Article 9 of the Order and Chapter III of Part II shall have effect in relation to a young person as if “employment” included “training”.

(2) Subject to paragraphs (4) and (5), in order to have the best prospects of securing employment or training a young person can be expected to have to take more than one step on one occasion in any week unless taking one step on one occasion is all that it is reasonable for that person to do in that week, and unless it is reasonable for him to take only one step on one occasion, he can be expected to have to take at least one step to seek training and one step to seek employment in that week.

(3) Subject to paragraph (4), steps which it is reasonable for a young person to be expected to have to take include, in addition to those set out in regulation 18(2) (steps to be taken by persons actively seeking employment)—

(a) seeking training, and

(b) seeking full-time education.

(4) Paragraphs (1), (2) and (3) do not apply to a young person falling within regulation 61(1)(a) or (f) (other young persons in prescribed circumstances).

(5) Paragraphs (1) and (2) do not apply to a young person who has had his jobseeker’s allowance reduced in accordance with regulation 63 (reduced payments under Article 19 of the Order) or regulation 68 (reduced amount of allowance) because he has done an act or omission falling within Article 21(5)(b) or (c) or (6)(c) or (d) of the Order or rendered not payable in accordance with Article 21(6)(a) or (b) read with Part V (sanctions) but paragraph (3) does apply to such a young person.

(6) “Training” in Article 9 of the Order and in this regulation means suitable training.

The Jobseeker’s Agreement

66

(1) In a jobseeker’s agreement with a young person, other than one falling within regulation 61(1)(a) or (f) (other young persons in prescribed circumstances), the following information is required in addition to that prescribed in Chapter V of Part II: a broad description of the circumstances in which the amount of the person’s benefit may be reduced in accordance with Article 19 of the Order and regulation 63 (reduced payments under Article 19 of the Order), or may be rendered not payable in accordance with Article 21 of the Order read with Part V (sanctions) or may be payable at a reduced rate in accordance with Articles 21 and 22 of the Order and regulation 68 (reduced amount of allowance).

(2) A young person is to be treated as having entered into a jobseeker’s agreement and as having satisfied the condition mentioned in Article 3(2)(b) of the Order as long as the circumstances set out in regulation 62(2) or (3) apply.

Sanctions

67

(1) Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of Article 21(5)(b) of the Order, and in addition to the circumstances listed in regulation 73, a young person is to be regarded as having good cause for any act or omission for the purposes of Article 21(5)(b) of the Order where—

(a) this is the first occasion on which he has done an act or omission falling within Article 21(5)(b) of the Order and he has not while claiming a jobseeker’s allowance failed to pursue an opportunity of obtaining training without good cause or rejected an offer of training without good cause or failed to complete a course of training and no certificate has been issued to him under Article 19(4) of the Order with respect to that training, and

(b) at the time he did the act or omission falling within Article 21(5)(b)(i), (ii) or (iv) of the Order he was not a new jobseeker or, in the case of an act or omission falling within Article 21(5)(b)(iii) of the Order, at the time he first attended the scheme or programme he was not a new jobseeker.

(2) Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of Article 21(6)(c) or (d) of the Order, a young person is to be regarded as having good cause for any act or omission for the purposes of Article 21(6)(c) or (d) of the Order where the employer did not offer suitable training unless he falls within regulation 61(1)(a) or (f) (other young persons in prescribed circumstances) or his jobseeker’s allowance has been reduced in accordance with regulation 63 (reduced payments under Article 19 of the Order) or in accordance with regulation 68 (reduced amount of allowance) because he has done an act or omission falling within Article 21(5)(b) or (c) or (6)(c) or (d) of the Order or rendered not payable in accordance with Article 21(6)(a) or (b) of the Order read with Part V (sanctions).

(3) For the purposes of this regulation, “new jobseeker” means a young person who has not since first leaving full-time education been employed or self-employed for 16 or more hours per week or completed a course of training or failed to complete a course of training and no certificate has been issued to him to show good cause for that failure under Article 19(4) of the Order or done an act or omission falling within Article 21(5)(b)(iii) of the Order without good cause or done an act or omission falling within Article 21(5)(c) of the Order.

Reduced amount of allowance

68

(1) Subject to paragraphs (2) and (4), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reduced by a sum equal to 40 per cent. of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1 of Schedule 1 for a period of 2 weeks from the beginning of the first week after the adjudication officer’s decision where the young person has done any act or omission falling within Article 21(5) or (6)(c) or (d) of the Order, unless the young person reaches the age of 18 before the 2 week period expires, in which case the allowance shall be payable at the full rate applicable in his case from and including the date he reaches the age of 18.

(2) Subject to paragraph (4), in a case where the young person or any member of his family is pregnant or seriously ill the amount of an income-based jobseeker’s allowance which would otherwise be payable to the young person shall be reduced by a sum equal to 20 per cent. of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1 of Schedule 1 for a period of 2 weeks from the beginning of the first week after the adjudication officer’s decision where the young person has done any act or omission falling within Article 21(5) or (6)(c) or (d) of the Order, unless the young person reaches the age of 18 before that 2 week period expires, in which case the allowance shall be payable at the full rate applicable in his case from and including the date he reaches the age of 18.

(3) A reduction under paragraph (1) or (2) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2·5p but not of 5p, to the next lower multiple of 5p.

(4) If a young person’s claim for an income-based jobseeker’s allowance is terminated before the expiry of the period determined in accordance with paragraphs (1) and (2), and he makes a fresh claim for the allowance, it shall be payable to him at the reduced rate determined in accordance with paragraph (1) or (2) for the balance of the time remaining of that 2 weeks, unless the young person reaches the age of 18 before that 2 week period expires, in which case the allowance shall be payable at the full rate applicable in his case from and including the date he reaches the age of 18.

(5) An income-based jobseeker’s allowance shall be payable to a young person at the full rate applicable in his case after the expiry of the 2 week period referred to in paragraphs (1) and (2).

Part V — Sanctions

Prescribed period for purposes of Article 21(2) of the Order

69

The prescribed period for the purposes of Article 21(2) of the Order (circumstances in which a jobseeker’s allowance is not payable) shall begin on and include the first day of the week following the date on which a jobseeker’s allowance is determined not to be payable to the claimant and shall be—

(a) 4 weeks, in any case in which—

(i) a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within Article 21(5) of the Order;

(ii) on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within Article 21(5) of the Order, and

(iii) the first date on which the jobseeker’s allowance was not payable to him on that previous occasion falls within the period of 12 months preceding the date of the determination mentioned in sub-paragraph (i);

(b) 2 weeks, in any other case.

Sanctions of discretionary length

70

In determining a period under Article 21(3) of the Order (circumstances in which a jobseeker’s allowance is not payable) an adjudication officer shall take into account all the circumstances of the case and, in particular, the following circumstances—

(a) where the employment would have lasted less than 26 weeks, the length of time which it was likely to have lasted;

(b) in a case falling within Article 21(6)(a) of the Order in which the employer has indicated an intention to re-engage the claimant, the date when he is to be re-engaged;

(c) where the claimant has left his employment voluntarily and the hours of work in that employment were 16 hours or less a week, the rate of pay and hours of work in the employment which he left, and

(d) where the claimant left his employment voluntarily or has neglected to avail himself of a reasonable opportunity of employment, any mitigating circumstances of physical or mental stress connected with his employment.

Voluntary redundancy

71

(1) A claimant is to be treated as not having left his employment voluntarily—

(a) where he has been dismissed by his employer by reason of redundancy after volunteering or agreeing to be so dismissed, or

(b) where he has left his employment on a date agreed with his employer without being dismissed, in pursuance of an agreement relating to voluntary redundancy.

(2) In paragraph (1) “redundancy” means one of the facts set out in section 11(2) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965[^f00059].

Good cause for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Order

72

(1) This regulation shall have effect for the purposes of Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable).

(2) Subject to paragraph (3), in determining whether a person has good cause for any act or omission for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Order the matters which are to be taken into account shall include the following—

(a) any restrictions on availability which apply in the claimant’s case in accordance with regulations 6, 7, 8 and 13 (employment of at least 40 hours per week, restriction of hours for which a person is available, other restrictions and additional restrictions) having regard to the extent of any disparity between those restrictions and the requirements of the vacancy in question;

(b) any condition or personal circumstance of that person which indicates that a particular employment or carrying out the jobseeker’s direction would be likely to or did—

(i) cause significant harm to his health, or

(ii) subject him to excessive physical or mental stress;

(c) the fact that the failure to undertake a particular employment or to carry out the jobseeker’s direction resulted from a religious or conscientious objection sincerely held;

(d) any caring responsibilities which would, or did, make it unreasonable for the person to undertake a particular employment or carry out the jobseeker’s direction;

(e) the time it took, or would normally take, for the person to travel from his home to the place of the employment or to a place mentioned in the jobseeker’s direction and back to his home by a route and means appropriate to his circumstances and to the employment or to the carrying out of the jobseeker’s direction;

(f) the expenses which were, or would be, necessarily and exclusively incurred by the person for the purposes of the employment or of carrying out the jobseeker’s direction, together with any expenses of travelling to and from the place of the employment or a place mentioned in the jobseeker’s direction by a route and means appropriate to his circumstances, if those expenses did, or would, represent an unreasonably high proportion of—

(i) in the case of employment, the remuneration which it is reasonable to expect that he would derive from that employment, or

(ii) in any other case, the income which he received, or would receive, while carrying out the jobseeker’s direction.

(3) For the purposes of paragraph (2)(f), in considering whether expenses did, or would, represent an unreasonably high proportion of remuneration or income, the principle shall apply that the greater the level of remuneration or income the higher the proportion thereof which it is reasonable should be represented by expenses.

(4) Where a person has undergone training for a particular kind of employment for a period of not less than 2 months, he is to be regarded for a period of 4 weeks beginning with and including the day on which the training ends as having good cause for any act or omission for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Order, for—

(a) refusing or failing to apply for, or refusing to accept, employment of any other kind when offered to him;

(b) neglecting to avail himself of a reasonable opportunity of employment of any other kind;

(c) refusing or failing to carry out a jobseeker’s direction given to him with a view to assisting him to find employment of any other kind.

(5) A person is to be regarded as having good cause for any act or omission for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Order if, and to the extent that, the reason for that act or omission—

(a) results from restrictions on availability which apply in the claimant’s case for the period permitted in accordance with regulations 16 and 17 (further circumstances in which a person is to be treated as available and laid off and short-time workers);

(b) results from the fact that the claimant is, in accordance with regulation 5(1) to (3) and (5), excepted from any requirement to be able to take up employment immediately, or is, in accordance with regulation 5(4), excepted from any requirement to be able to take up employment at a time when he is not available;

(i) where it has been agreed that the claimant may restrict his hours of availability to less than 24 hours, the employment in question is for less than 16 hours, or

(ii) in a case not falling within head (i), the employment is for less than 24 hours.

(6) Subject to paragraphs (8) and (9), a person is not to be regarded as having good cause for any act or omission for the purposes of Article 21(5)(a) and (6)(c) and (d) if, and to the extent that, the reason for that act or omission relates to—

(a) subject to paragraph (7), his income or outgoings or the income or outgoings of any other member of his household, or the income or outgoings which he or any other member of his household would have if he were to become employed or to carry out the jobseeker’s direction, or did have whilst carrying out the jobseeker’s direction, but for the purposes of this sub-paragraph, a person’s outgoings shall not include any expenses taken into account under paragraph (2)(f);

(b) the time it took, or would normally take, for the person to travel from his home to the place of the employment, or a place mentioned in the jobseeker’s direction, and back to his home where that time was or is normally less than one hour either way by a route and means appropriate to his circumstances and to the employment, or to the carrying out of the jobseeker’s direction, unless, in view of the health of the person or any caring responsibilities of his, that time was or is unreasonable.

(7) Paragraph (6)(a) shall not apply—

(a) where the claimant has agreed a restriction on the level of remuneration he was prepared to accept under regulations 13(3) and 16 (additional restrictions on availability for certain groups and further circumstances in which a person is to be treated as available), or

(b) the employment is remunerated only by commission.

(8) A person shall be regarded for the purposes of Article 21(6)(d) of the Order as having good cause for neglecting to avail himself of an opportunity of employment unless the situation is a qualifying former employment of that person.

(9) For the purposes of paragraph (8) a situation is a qualifying former employment of any person if—

(a) it is employment with an employer for whom he has previously worked or with an employer who has succeeded that employer;

(b) not more than 12 months have elapsed between—

(i) the date when he last worked for that employer, and

(ii) the date when the question under Article 21(6)(d) of the Order arose or, as the case may be, arises, and

(c) the terms and conditions of employment in the situation are not less favourable than those in the situation which he held when he last worked for that employer.

Good cause for the purposes of Article 21(5)(b) of the Order

73

(1) This regulation shall have effect for the purposes of Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable).

(2) Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of Article 21(5)(b) of the Order, a person is to be regarded as having good cause for any act or omission for those purposes if, and to the extent that, the act or omission is attributable to any of the following circumstances—

(a) the claimant in question was suffering from some disease or bodily or mental disablement on account of which—

(i) he was not able to attend the relevant training scheme in question;

(ii) his attendance would have put at risk his health, or

(iii) his attendance would have put at risk the health of other persons;

(b) the claimant’s failure to participate in the training scheme resulted from a religious or conscientious objection sincerely held;

(c) the time it took, or would normally have taken, for the claimant to travel from his home to the training scheme and back to his home by a route and means appropriate to his circumstances and to the scheme exceeded, or would normally have exceeded, one hour in either direction or, where no appropriate training scheme is available within one hour of his home, such greater time as is necessary in the particular circumstances of the nearest appropriate scheme;

(d) the claimant had caring responsibilities and—

(i) no close relative of the person he cared for and no other member of that person’s household was available to care for him, and

(ii) in the circumstances of the case it was not practical for the claimant to make other arrangements for the care of that person;

(e) the claimant was attending court as a party to any proceedings, or as a witness or as a juror;

(f) the claimant was arranging or attending the funeral of a close relative or close friend;

(g) the claimant was engaged in—

(i) the manning or launching of a lifeboat, or

(ii) the performance of duty as a part-time member of a fire brigade;

(h) the claimant was required to deal with some domestic emergency, or

(i) the claimant was engaged during an emergency in duties for the benefit of others.

(3) For the purposes of paragraph (2)(i)—

(a) a person is engaged in duties for the benefit of others while—

(i) providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired;

(ii) protecting property of substantial value from imminent risk of serious damage or destruction, or

(iii) assisting in measures being taken to prevent a serious threat to the health of the people,

as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;

(b) events which may give rise to an emergency include—

(i) a fire, a flood or an explosion;

(ii) a natural catastrophe;

(iii) a railway or other transport accident;

(iv) a cave or mountain accident;

(v) an accident at sea;

(vi) a person being reported missing and the organisation of a search for that person.

Person of a prescribed description for the purpose of Article 22(3) of the Order

74

(1) Subject to paragraph (2), a person shall be of a prescribed description for the purposes of Article 22(3) of the Order (exemption from non-payment of jobseeker’s allowance) and shall not fall within Article 21(6)(b) or (d) of the Order (circumstances in which a jobseeker’s allowance is not payable) if he has neither worked in employed earner’s employment, nor has been a self-employed earner, nor been a full-time student nor been in relevant education, during the period of 13 weeks preceding the day of the commencement of the employment.

(2) For the purposes of paragraph (1), a person shall not be regarded as having—

(a) worked in employed earner’s employment;

(b) been a self-employed earner, or

by reason only of any engagement in an activity referred to in paragraph (3) or by his attendance for a period of up to 14 days at a work camp.

(3) The activities referred to in this paragraph are—

(a) the manning or launching of a lifeboat, or

(b) the performance of duty as a part-time member of a fire brigade.

(4) A trial period in Article 22(3) of the Order means a period of 8 weeks beginning with the commencement of the 5th week of the employment in question and ending at the end of the 12th week of that employment and for the purposes of this definition in determining the time at which the 5th week of the employment in question commences or at which the 12th week of that employment ends, any week in which a person has not worked in the employment for at least 16 hours shall be disregarded.

Interpretation

75

(1) For the purposes of Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable) and of this Part “a training scheme” means a scheme for training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible, provided in Northern Ireland directly or indirectly by a Training Organisation pursuant to its arrangement with the Department of Economic Development (whether that agreement is known as an Operating Agreement or by any other name).

(2) In Article 21 of the Order, except paragraph (2), and in this Part, except regulation 69 (prescribed period), “week” means any period of 7 consecutive days.

(3) In Article 21(2) of the Order and regulation 69, “week” means benefit week.

Part VI — Membership of the Family

Persons of a prescribed description

76

(1) Subject to paragraph (2), a person of a prescribed description for the purposes of the definition of “family” in Article 2(2) of the Order (interpretation) is a person aged 16 or over but under 19 who is treated as a child for the purposes of section 138 of the Benefits Act (meaning of “child”), and in these Regulations, except in Part IV such a person is referred to as a “young person”.

(2) Paragraph (1) shall not apply to a person who is—

(a) on a course of advanced education;

(b) entitled to a jobseeker’s allowance or would, but for Article 5(1)(d) of the Order (provision against dual entitlement), be so entitled, or

(c) entitled to income support or would, but for section 130(2) of the Benefits Act (exclusion from benefit) be so entitled.

Circumstances in which a person is to be treated as responsible or not responsible for another

77

(1) Subject to paragraphs (2) to (5), a person is to be treated for the purposes of the Order as responsible for a child or young person for whom he is receiving child benefit.

(2) In a case where a child (“the first child”) is in receipt of child benefit in respect of another child (“the second child”), the person treated as responsible for the first child in accordance with the provisions of this regulation shall also be treated as responsible for the second child.

(3) In the case of a child or young person in respect of whom no person is receiving child benefit, the person who shall be treated as responsible for that child or young person shall be—

(a) except where sub-paragraph (b) applies, the person with whom the child or young person usually lives, or

(b) where only one claim for child benefit has been made in respect of the child or young person, the person who made that claim.

(4) Where regulation 78(7) (circumstances in which a person is to be treated as being or not being a member of the household) applies in respect of a child or young person, that child or young person shall be treated as the responsibility of the claimant for that part of the week for which he is under that regulation treated as being a member of the claimant’s household.

(5) Except where paragraph (4) applies, a child or young person shall be treated as the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.

Circumstances in which a person is to be treated as being or not being a member of the household

78

(1) Subject to paragraphs (2) to (5), the claimant and any partner and, where the claimant or his partner is treated as responsible under regulation 77 (circumstances in which a person is to be treated as responsible or not responsible for another) for a child or young person, that child or young person and any child of that child or young person shall be treated for the purposes of the Order as members of the same household notwithstanding that any of them is temporarily living away from the other members of his family.

(2) Paragraph (1) shall not apply to a person who is living away from the other members of his family where—

(a) that person does not intend to resume living with the other members of his family, or

(b) his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks.

(3) Paragraph (1) shall not apply in respect of any member of a couple or of a polygamous marriage where—

(a) one, both or all of them are patients detained in accommodation provided under Article 110 of the Mental Health (Northern Ireland) Order 1986[^f00060];

(b) one, both or all of them are detained in custody pending trial or sentence upon conviction or whilst serving a sentence imposed by a court;

(c) the claimant is abroad and does not satisfy the conditions of regulation 50 (persons temporarily absent from Northern Ireland), or

(d) one of them is permanently in residential accommodation or a residential care home or a nursing home.

(4) A child or young person shall not be treated as a member of the claimant’s household where he is—

(a) boarded out with the claimant or his partner under a relevant enactment;

(b) boarded out with the claimant or his partner prior to adoption, or

(c) placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989[^f00061].

(5) Subject to paragraphs (6) and (7), paragraph (1) shall not apply to a child or young person who is not living with the claimant and who—

(a) in a case which does not fall within sub-paragraph (b) has been continuously absent from Northern Ireland for a period of more than 4 weeks commencing—

(i) where he went abroad before the date of a claim for a jobseeker’s allowance, with, and including, that date;

(ii) in any other case, on and including the day which immediately follows the day on which he went abroad;

(b) where regulation 50(5) or paragraph 11 or 13 of Schedule 4 (temporary absence abroad for the treatment of a child or young person) applies, has been continuously absent from Northern Ireland for a period of more than 8 weeks, that period of 8 weeks commencing—

(i) where he went abroad before the date of the claim for a jobseeker’s allowance, on and including the date of that claim;

(ii) in any other case, on and including the day which immediately follows the day on which he went abroad;

(c) has been an in-patient or in accommodation provided under any of the provisions referred to in any of sub-paragraphs (a) to (c) of the definition of residential accommodation in regulation 85(4) for a continuous period of more than 12 weeks commencing—

(i) where he became an in-patient or, as the case may be, entered that accommodation before the date of the claim for a jobseeker’s allowance, with, and including, that date, or

(ii) in any other case, with, and including, the date on which he became an in-patient or entered that accommodation,

and, in either case, has not been in regular contact with either the claimant or any member of the claimant’s household;

(d) is in the care of the Department under a relevant enactment;

(e) has been boarded out with a person other than the claimant prior to adoption;

(f) has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989;

(g) is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or

(h) is in a training school within the meaning of section 137 of the Children and Young Persons Act (Northern Ireland) 1968[^f00062].

(6) In the case of a person who was entitled to income support immediately before his entitlement to a jobseeker’s allowance commenced, paragraph (5)(a), (b) and (c) shall have effect as if head (i) was omitted from each.

(7) A child or young person to whom any of the circumstances mentioned in paragraph (5)(d), (g) or (h) applies shall be treated as being a member of the claimant’s household only for that part of any benefit week where that child or young person lives with the claimant.

(8) Where a child or young person for the purposes of attending the educational establishment at which he is receiving relevant education is living with the claimant or his partner and neither one is treated as responsible for that child or young person that child or young person shall be treated as being a member of the household of the person treated as responsible for him and shall not be treated as a member of the claimant’s household.

(9) In this regulation “relevant enactment” means the Guardianship of Infants Act 1886[^f00063], the Army Act 1955[^f00064], the Air Force Act 1955[^f00065], the Naval Discipline Act 1957[^f00066], the Children and Young Persons Act (Northern Ireland) 1968, the Health and Personal Social Services (Northern Ireland) Order 1972[^f00067], the Family Law Reform (Northern Ireland) Order 1977[^f00068], the Matrimonial Causes (Northern Ireland) Order 1978[^f00069], the Domestic Proceedings (Northern Ireland) Order 1980[^f00070], the Adoption (Northern Ireland) Order 1987[^f00071] and the Children (Northern Ireland) Order 1995[^f00072].

Part VII

Weekly amounts of contribution-based jobseeker’s allowance

79

(1) In the case of a contribution-based jobseeker’s allowance, the age-related amount applicable to a claimant for the purposes of Article 6(1)(a) of the Order (amount payable by way of a jobseeker’s allowance) shall be—

(a) in the case of a person who has not attained the age of 18, £28·85 per week;

(b) in the case of a person who has attained the age of 18 but not the age of 25, £37·90 per week;

(2) Where the amount of any contribution-based jobseeker’s allowance would, but for this paragraph, include a fraction of one penny, that fraction shall be treated as one penny.

Deductions in respect of earnings

80

(1) The deduction in respect of earnings which falls to be made in accordance with Article 6(1)(b) of the Order from the amount which, apart from this regulation, would be payable by way of a contribution-based jobseeker’s allowance for any week is an amount equal to the weekly amount of the claimant’s earnings calculated in accordance with Part VIII (income and capital).

(2) For the avoidance of doubt, in calculating the amount of earnings for the purposes of this regulation, only the claimant’s earnings shall be taken into account.

Payments by way of pensions

81

(1) The deduction in respect of pension payments from the amount which apart from this regulation would be payable to a claimant by way of a contribution-based jobseeker’s allowance for any week shall be a sum equal to the amount by which that payment exceeds or, as the case may be, the aggregate of those payments exceed £50 per week.

(2) In determining the amount of any pension payments for the purposes of paragraph (1), there shall be disregarded—

(a) where pension payments first begin to be made to a person for a period starting other than at the beginning of the first week for which they are made, the pension payments for that week;

(b) where pension payments are already in payment to a person and a change in the rate of payment takes effect in a week other than from the beginning of the week, the amount of any increase in the pension payments for that week arising from that change, and

(c) any pension payments payable to him which arose in accordance with the terms of a personal pension scheme on the death of a person who was a member of that scheme.

(3) Subject to the provisions of paragraph (2), where a pension payment, or an aggregate of such payments, as the case may be, is paid to a person for a period other than a week, such payments shall be treated as being made to that person by way of weekly pension payments and the weekly amount shall be determined—

(a) where payment is made for a year, by dividing the total by 52;

(b) where payment is made for 3 months, by dividing the total by 13;

(d) where payment is made for 2 or more months, otherwise than for a year or for 3 months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52, or

(e) in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.

Income-based jobseeker’s allowance

82

Regulations 83 to 87 apply in the case of an income-based jobseeker’s allowance.

Applicable amounts

83

Except in the case of a claimant to whom regulation 84, 85 or 86 or Part X (applicable amounts in other cases and urgent cases) applies, a claimant’s weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case—

(a) an amount in respect of himself or if he is a member of a couple, an amount in respect of both of them, determined in accordance with paragraph 1(1), (2) or (3), as the case may be, of Schedule 1;

(b) an amount determined in accordance with paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family, excluding a child or young person whose capital, if calculated in accordance with Part VIII (income and capital) in like manner as for the claimant would exceed £3,000, but including a child whose capital falls to be treated as income in accordance with regulation 106(1) (modification in respect of children and young persons);

(c) an amount in respect of himself, or where the claimant is a member of a family, an amount in respect of any member of the family aged 16 or over determined in accordance with paragraph 3 of Schedule 1 (residential allowance);

(d) where he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with Part II of Schedule 1 (family premium);

(e) the amount of any premiums which may be applicable to him, determined in accordance with Parts III and IV of Schedule 1 (premiums), and

(f) any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

Polygamous marriages

84

(1) Except in the case of a claimant to whom regulation 83, 85 or 86 (applicable amounts in special cases and for those in residential care and nursing homes) or Part X (urgent cases) or paragraph (2) applies, where a claimant is a member of a polygamous marriage his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case—

(a) the highest amount applicable to him and one of his partners determined in accordance with paragraph 1(3) of Schedule 1 as if he and that partner were a couple;

(b) an amount equal to the difference between the amounts specified in paragraph 1(1)(e) and (3)(e) of Schedule 1 in respect of each of his other partners;

(c) an amount determined in accordance with paragraph 2 of Schedule 1 (applicable amounts) in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household except a child or young person whose capital, if calculated in accordance with Part VIII (income and capital) in like manner as for the claimant, would exceed £3,000, but including a child whose capital falls to be treated as income in accordance with regulation 106(1) (modification in respect of children and young persons);

(d) an amount, whether in respect of the claimant or any member of his household aged 16 or over, determined in accordance with paragraph 3 of Schedule 1 (residential allowance);

(e) if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part II of Schedule 1 (family premium);

(f) the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 1 (premiums), and

(g) any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

(2) In the case of a partner who is aged less than 18 the amount which applies in respect of that partner shall be nil unless that partner—

(a) is treated as responsible for a child, or

(b) is a person who, had he not been a member of a polygamous marriage, would have qualified for a jobseeker’s allowance by virtue of Article 5(1)(f)(ii) or (iii) of the Order and the regulations made thereunder (jobseeker’s allowance for persons aged 16 or 17).

Special cases

85

(1) In the case of a person to whom any paragraph in column (1) of Schedule 4 (applicable amounts in special cases) applies the amount included in the claimant’s weekly applicable amount in respect of him shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule but excluding an amount for a child or young person whose capital if calculated in accordance with Part VIII (income and capital) in like manner as for the claimant, would exceed £3,000, but including an amount for a child or young person whose capital falls to be treated as income in accordance with regulation 106(1) (modification in respect of children and young persons).

(2) Except where the amount prescribed in Schedule 4 in respect of a person to whom paragraph (1) applies includes an amount applicable under regulation 83(e) or 84(1)(f) (polygamous marriages) a person to whom paragraph (1) applies shall be treated as not falling within the conditions specified in paragraph 15 of Schedule 1 (severe disability premium).

(3) In Schedule 4, for the purposes of paragraphs 1, 2 and 17 (persons in residential care or nursing homes who become patients), where a person has been a patient for 2 or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.

(4) In this regulation and Schedule 4—

“person from abroad” means a person, who— has a limited leave as defined in section 33(1) of the Immigration Act 1971[^f00073] (hereinafter referred to as “the 1971 Act”) to enter or remain in the United Kingdom which was given in accordance with any provision of the immigration rules (as defined in that section) which refers to there being, or to there needing to be, no recourse to public funds or to there being no charge on public funds during that limited leave; but this sub-paragraph shall not apply to a person who is a national of a Member State, a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953)[^f00074] or a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961)[^f00075], unless, in the case of a national of a state which is a signatory of that European Convention, he has made an application for the conditions of his leave to remain in the United Kingdom to be varied, and that application has not been determined or an appeal from that application is pending under Part II of the 1971 Act (appeals); having a limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave; is the subject of a deportation order being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom; is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom; has been allowed temporary admission to the United Kingdom by virtue of paragraph 21 of Schedule 2 to the 1971 Act; has been allowed temporary admission to the United Kingdom by the Secretary of State outside any provision of the 1971 Act; has not had his immigration status determined by the Secretary of State, or is a national of a Member State and is required by the Secretary of State to leave the United Kingdom;

“person from abroad” also means a claimant who is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose, no claimant shall be treated as not habitually resident in the United Kingdom who is— a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC; a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951[^f00076], as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967[^f00077], or a person who has been granted exceptional leave[^f00078] to remain in the United Kingdom by the Secretary of State;

“patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975[^f00079];

“prisoner” means a person who— is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or is on temporary release in accordance with the provisions of the Prison (Northern Ireland) Act 1953[^f00080], other than a person whose detention is under the provisions of the Mental Health (Northern Ireland) Order 1986;

“residential accommodation” means, subject to paragraphs (5) and (6), accommodation provided or arranged by the Department under Article 15 or 36 of the 1972 Order[^f00081] in a home owned or managed by a Health and Social Services Board or an HSS trust where the accommodation is provided for a person whose stay in that accommodation has become other than temporary.

(5) Where a person—

(a) is in, or only temporarily absent from, residential accommodation within the meaning of paragraph (4) and that accommodation subsequently becomes a residential care home, or

(b) on 31st March 1993 was in or was only temporarily absent from accommodation of a kind mentioned in regulation 21(3B) and (3C) of the Income Support Regulations[^f00082] (special cases),

that person shall continue to be treated as being in residential accommodation within the meaning of paragraph (4) if, and for so long as, the Department is under a duty to provide or make arrangements for providing accommodation for that person and, in the case of a person to whom sub-paragraph (a) applies, he remains in the same accommodation.

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