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

SCHEDULE 3A (1) In this Schedule, “relevant member” means a member of a joint-claim couple to whom regulation 86D applies. (2) The weekly applicable amount of a joint-claim couple where one member of that couple is a relevant member shall be the aggregate of— (a) the weekly applicable amount which is applicable to a member of the couple who is not a relevant member calculated in accordance with regulation 83(a), (c) or (e) (applicable amounts) as if that member was a single claimant; (b) subject to paragraph 4, the weekly charge for the accommodation, including all meals and services, provided for the relevant member increased, where appropriate, in accordance with paragraph 3 but, except in a case to which paragraph 10 applies, subject to the maximum determined in accordance with paragraph 5; (c) a weekly amount for personal expenses for the relevant member determined in accordance with paragraph 11, and (d) where the relevant member is only temporarily in such accommodation any amount applicable under regulation 86A(d) or 86B(e) (housing costs) in respect of the dwelling normally occupied as the home. (3) (1) Where, in addition to the weekly charge for accommodation, a separate charge is made for the provision of heating, attention in connection with bodily functions, supervision, extra baths, laundry or a special diet needed for a medical reason, the weekly charge for the purpose of paragraph 2(a) shall be increased by the amount of that charge. (2) Where the weekly charge for the accommodation does not include the provision of all meals, it shall for the purpose of paragraph 2(a), be increased in respect of the relevant member by the following amount— (a) if the meals can be purchased within the residential care or nursing home, the amount equal to the actual cost of the meals, calculated on a weekly basis, or (b) if the meals cannot be so purchased, the amount calculated on a weekly basis— (i) for breakfast, at a daily rate of £1·10 ; (ii) for a midday meal, at a daily rate of £1·55, and (iii) for an evening meal, at a daily rate of £1·55, except that, if some or all of the meals are normally provided free of charge or at a reduced rate, the amount shall be reduced to take account of the lower charge or reduction. (4) Where any part of the weekly charge for the accommodation is met by housing benefit, an amount equal to the part so met shall be deducted from the amount calculated in accordance with paragraph 2(b). (5) Subject to paragraph 9, the maximum referred to in paragraph 2(b) shall be in respect of each relevant member, the appropriate amount in respect of him specified in or determined in accordance with paragraphs 6 to 9. (6) Subject to paragraphs 8 and 9, where the accommodation provided for the relevant member is a residential care home for persons in need of personal care by virtue of— (a) past or present mental disorder but excluding mental handicap, the appropriate amount shall be £234·00 per week; (b) past or present drug or alcohol dependence, the appropriate amount shall be £234·00 per week; (c) mental handicap, the appropriate amount shall be £266·00 per week; (d) physical disablement, the appropriate amount shall be £303·00 per week; (e) any condition not falling within sub-paragraphs (a) to (d), theappropriate amount shall be £221·00 per week. (7) Subject to paragraphs 8 and 9, where the accommodation provided for the relevant member is a nursing home for persons in need of personal care by virtue of— (a) past or present mental disorder but excluding mental handicap, the appropriate amount shall be £331·00 per week; (b) mental handicap, the appropriate amount shall be £337·00 per week; (c) past or present drug or alcohol dependence, the appropriate amount shall be £331·00 per week; (d) physical disablement, the appropriate amount shall be £373·00 per week; (e) terminal illness, the appropriate amount shall be £330·00 per week; (f) any condition not falling within sub-paragraphs (a) to (e), the appropriate amount shall be £330·00 per week. (8) The appropriate amount applicable to a relevant member in a residential care home or nursing home shall, subject to paragraph 9, be determined— (a) where the home is a residential care home registered under Part II of the Registered Homes Order, by reference to the particulars recorded in the register kept by the relevant Health and Social Services Board for the purposes of that Order, or (b) where the home is a residential care home not so registered or a nursing home, by reference to the type of care which, taking into account the facilities and accommodation provided, the home is providing to the relevant member. (9) (1) Where more than one amount would otherwise be applicable, in accordance with paragraph 8, to a relevant member in a residential care home or a nursing home, the appropriate amount in any case shall be determined in accordance with sub-paragraphs (2) to (4). (2) Where the home is a residential care home registered under Part II of the Registered Homes Order and where the personal care that the relevant member is receiving corresponds to the care received by a category of residents for whom the register indicates that the home provides accommodation, the appropriate amount shall be the amount, in paragraph 6, as is consistent with that personal care. (3) Where the home is a residential care home which is so registered but where the personal care that the relevant member is receiving does not correspond to the care received by a category of residents for whom the register indicates that the home provides accommodation, the appropriate amount shall be the lesser or least amount, in paragraph 6, as is consistent with those categories. (4) In any case not falling within sub-paragraph (2) or (3), the appropriate amount shall be whichever amount of the amounts applicable in accordance with paragraph 6, 7 or 8 is, having regard to the types of personal care that the home provides, most consistent with the personal care being received by the relevant member in that accommodation. (10) (1) Where a relevant member who satisfied the conditions in sub-paragraph (2) has been able to meet the charges referred to in paragraphs 2 and 3 without recourse to a jobseeker’s allowance, income support or supplementary benefit, the maximum determined in accordance with paragraph 5 shall not apply for the period of 13 weeks or, if alternative accommodation is found earlier, such lesser period following the date of claim except to the extent that the claimant is able to meet out of income disregarded for the purposes of Part VIII (income and capital) the balance of the actual charge over the maximum. (2) The conditions for the purposes of sub-paragraph (1) are that— (a) the relevant member has lived in the same accommodation for more than 12 months; (b) he was able to afford the charges in respect of that accommodation when he took up residence; (c) having regard to the availability of suitable alternative accommodation and to the circumstances mentioned in paragraph 12(5)(b) of Schedule 2 (housing costs), it is reasonable that the maximum should not apply in order to allow him time to find alternative accommodation; (d) he is not a person who is being accommodated— (i) by the Northern Ireland Housing Executive under Part II of the Housing (Northern Ireland) Order 1988[^f00086], or (ii) by an authority, as defined in Article 2 of the Children Order, under Article 21 of that Order (provision of accommodation for children: general), and (e) he is seeking alternative accommodation and intends to leave his present accommodation once alternative accommodation is found. (3) Where— (a) the relevant member was a resident in a residential care home or nursing home immediately before 29th April 1985 and has continued after that date to be resident in the same accommodation, apart from any period of temporary absence; (b) immediately before that date, the actual charge for the relevant member’s accommodation was being met either wholly or partly out of his resources, or, wholly or partly out of other resources which can no longer be made available for this purpose; (c) since that date, the Department of Health, Social Services and Public Safety has not at any time accepted responsibility for the making of arrangements for the provision of such accommodation for the relevant member, and (d) the Department is satisfied that, unless this provision applies in the relevant member’s case, the joint-claim couple of which he is a member will suffer exceptional hardship, the maximum amount shall be the rate specified in sub-paragraph (4) if that rate exceeds the maximum which, but for this sub-paragraph, would be determined under paragraph 5. (4) For the purposes of sub-paragraph (3) the rate is either— (a) the actual weekly charge for the accommodation immediately before 29th April 1985 plus £10, or (b) the aggregate of the following amounts— (i) the amount estimated under regulation 9(6) of the Supplementary Benefit (Requirements) Regulations (Northern Ireland) 1983[^f00087] as then in operation as the reasonable weekly charge for the area immediately before that date; (ii) £26·15, and (iii) if the relevant member was entitled at that date to attendance allowance under section 35 of the Social Security (Northern Ireland) Act 1975[^f00088] at the higher rate £28·60 or, as the case may be, at the lower rate, £19·10, whichever is the lower amount. (11) The allowance for personal expenses for the relevant member referred to in paragraph 2(b) shall be— (a) for the relevant member £15·45; (b) for the other member of the joint-claim couple, £15·45; (c) for a young person aged 18, £15·00; (d) for a young person aged under 18 but over 16, £10·40.

56

In Schedule 4 (applicable amounts in special cases)—

• (a) paragraph 10 (couples where one member is absent from the United Kingdom) shall be renumbered paragraph 10(1) and after the renumbered paragraph 10(1) there shall be inserted—

• (i) the following sub-paragraph in column (1)—

(2) A claimant who is a member of a joint-claim couple and whose partner is temporarily absent from the United Kingdom— (a) in the circumstances prescribed in regulation 50(6A); (b) in any other circumstances.

• (ii) the following sub-paragraph in column (2)—

(2) (a) For the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 83 or 86 and thereafter the amount applicable to the claimant in Northern Ireland under regulation 83 or 86 as if the claimant were a single claimant; (b) the amount which would be applicable to the claimant under regulation 83 or 86 if that claimant was a single claimant for the period commencing on, and including, the date of claim and ending on the day after the day on which the partner returns to the United Kingdom.

• (b) after paragraph 17 there shall be added—

• (i) the following paragraph in column (1)—

(17A) A joint-claim couple and one member— (a) is a person to whom regulation 3E(2)(a)[^f00089] applies; (b) is a person to whom regulation 3E(2)(b) applies.

• (ii) the following paragraph in column (2)—

(a) the amount which would be applicable to the claimant under regulation 83 (applicable amounts) or 86 (applicable amounts for persons in residential care and nursing homes) if that claimant was a single claimant for the period commencing on, and including, the day on which the member of the couple who is not the claimant fails to attend at the time and place specified by an employment officer for the purposes of regulation 6 of the Claims and Payments Regulations and ending on the day on which that member does so attend; (b) the amount which would be applicable to the claimant under regulation 83 or 86 if that claimant was a single claimant.

57

After Schedule 4 there shall be inserted the following Schedule—

SCHEDULE 4A

Column (1)	Column (2)
Patients1Subject to paragraphs 9 and 11, a joint-claim couple where one member—ahas been a patient for more than 6 weeks;	1aThe applicable amount under regulation 86A (applicable amounts for joint-claim couples) reduced by £13·50;
bis a member of a polygamous marriage and another member of that marriage who is not a joint-claimant has been a patient for more than 6 weeks.	bThe applicable amount under regulation 86B (polygamous marriages) reduced by £13·50 in respect of each member of the polygamous marriage who is a patient.
Joint-claim couple without accommodation2A joint-claim couple who are without accommodation.	2The amount applicable to the couple under regulation 86A(a) (personal allowance) only.
Members of Religious Orders3A joint-claim couple who are both members of, and fully maintained, by a religious order.	3Nil.
Specified cases of temporarily separated joint-claim couples4A joint-claim couple who are temporarily separated where—	4Either—
aone member is—inot a patient but is resident in a nursing home;iiresident in a residential care home;iiiresident in premises used for the rehabilitation of alcoholics or drug addicts;ivparticipating in arrangements for training made under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00090] or arranged under section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00091], where the course requires him to live away from the dwelling occupied as the home, orvin a probation hostel or other establishment for use in connection with the supervision and assistance of offenders, provided and maintained, or under arrangements entered into, by the Probation Board for Northern Ireland with the approval of the Secretary of State, andbthe other member is—iliving in the dwelling occupied as the home;iia patient;iiiin residential accommodation, orivresident in a residential care home or nursing home.	athe amount applicable to the joint-claim couple under regulation 86A, or bthe aggregate of the applicable amounts of both claimants assessed under the provisions of these Regulations as if each of them were a single claimant, whichever is the greater.
Polygamous marriages where one or more members are temporarily separated5A joint-claim couple where one member is a member of a polygamous marriage and is temporarily separated from a partner of his, where one of them is living in the home while the other member is—	5Either—
anot a patient but is resident in a nursing home;bresident in a residential care home;cresident in premises used for the rehabilitation of alcoholics or drug addicts;dattending a course of training or instruction provided or approved by the Department of Higher and Further Education, Training and Employment where the course requires him to live away from home, orein a probation hostel or other establishment for use in connection with the supervision and assistance of offenders, provided and maintained, or under arrangements entered into, by the Probation Board for Northern Ireland with the approval of the Secretary of State.	athe amount applicable to the joint-claim couple under regulation 86B, or bthe aggregate of the amount applicable for the joint-claim couple in respect of the members of the polyamous marriage who remain in the home under regulation 86B and the amount applicable in respect of those members not in the home calculated as if each of them were a single claimant, whichever is the greater.
Joint-claim couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board or an HSS trust6—1A joint-claim couple where one member is temporarily separated from the other member where one of them is living in the home while the other is in accommodation provided by a Health and Social Services Board or an HSS trust of a kind specified in the definition of residential accommodation in regulation 85 (special cases).	6—1The aggregate of the amount applicable for the claimant who remains in the home calculated as if he were a single claimant under regulation 83, 85 or 86 and in respect of the other joint-claimant £67·50 of which £15·45 is for personal expenses.
2A joint-claim couple where one member is a member of a polygamous marriage and is temporarily separated from a partner of his where one is, or some are, living in the home while one is, or some are, in accommodation referred to in sub-paragraph (1).	2The aggregate of the amount applicable for the members of the polygamous marriage who remain in the home under regulation 86B[^f00092] (applicable amounts for joint-claim couples: polygamous marriages), and in respect of each member not in the home, £67·50 of which £15·45 is for personal expenses.
3A joint-claim couple where both members or all the members of a polygamous marriage of which a member of the joint-claim couple is a member, are in accommodation referred to in sub-paragraph (1).	3For each member of that couple or marriage £67·50 of which £15·45 is for personal expenses plus, if appropriate, the amount applicable under regulation 84A(d) and 84B(e).
Joint-claim couples where one member is absent from the United Kingdom7A joint-claim couple where one member is temporarily absent from the United Kingdom—	7
ain the circumstances prescribed in regulation 50(6B);	athe amount applicable to them as a couple under regulation 86A or 86D for the relevant period prescribed in regulation 50(6B);
bin any other circumstances.	bfor the first 4 weeks of that absence, the amount applicable to them as a couple under regulation 86A or 86D, as the case may be, and thereafter the amount applicable to the claimant in Northern Ireland under regulation 83 or 86, as the case may be, as if that claimant were a single claimant.
Polygamous marriages where any member of the marriage is abroad8A joint-claim couple where one member is a member of a polygamous marriage and—ahe, the other member or one of his partners is;bhe, the other member and one or more of his partners are, orcthe other member and one or more of his partners or 2 or more of his partners are,temporarily absent from the United Kingdom.	8For the first 4 weeks of that absence, the amount applicable to the joint-claim couple under regulations 86B to 86D, as the case may be, and thereafter, if the joint-claim couple are in Northern Ireland the amount applicable to them under regulations 86B to 86D, as the case may be, as if any member of the polyamous marriage not in the United Kingdom were not a member of the marriage.
Members of joint-claim couples in residential accommodation9—1Subject to sub-paragraph (2), a joint-claim couple where one member is in or only temporarily absent from residential accommodation.
9—1£67·50 of which £15·45 is for personal expenses.
2A joint-claim couple where either member is a member of a polygamous marriage and one or more members of that marriage are in or only temporarily absent from residential accommodation.	2The amount specified in sub-paragraph (1) of this column multiplied by the number of members of the polygamous marriage in or only temporarily absent from that accommodation.
Members of joint-claim couples temporarily absent from a hostel, residential care or nursing home10A joint-claim couple where a member is temporarily absent from accommodation for which he is liable to pay a retaining fee, and, but for his temporary absence from that accommodation, his applicable amount would be calculated in accordance with regulation 86D (applicable amounts for joint-claim couples where a member is in a residential care or nursing home), andahe is a person in accommodation provided by a Health and Social Services Board or an HSS trust of a kind specified in the definition of residential accommodation in regulation 85(4) (special cases) and paragraph 9 does not apply to him by reason only that his stay in that accommodation has not become other than temporary, orbhe is a person to whom paragraph 1 (patients) applies.	10The amount otherwise applicable to the joint-claim couple under these Regulations may be increased to take account of the retaining fee by an amount not exceeding 80 per cent. of the applicable amount referred to in paragraph 1(1)(a) of Schedule 3A (applicable amounts of joint-claim couples where a member is in a residential care or nursing home) and any such increase shall not be for a continuous period of more than 52 weeks.
Members of joint-claim couples in residential care or nursing homes who become patients11A joint-claim couple to whom regulation 86D (applicable amounts for joint-claim couples where a member is in a residential care or nursing home) applies immediately before either member became a patient where—	11
athat member has been a patient for not more than 2 weeks and—	a
icontinues to be liable to meet the weekly charge for the accommodation without reduction in respect of himself;	ithe amount which would be applicable under regulation 86D as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86D applies;
iicontinues to be liable to meet the weekly charge for the accommodation but at a reduced rate; or	iithe amount which would be applicable under regulation 86D having taken into account the reduced charge, as if the claimant or the member of the family who is a patient were resident in the accommodation to which regulation 86D applies;
bthat member is one member of a polygamous marriage and one or more other members of that marriage (other than the other member of the joint-claim couple) has been a patient for a period of more than 6 weeks.	bwhere that member of that marriage remains in the accommodation, the amount applicable to the joint-claim couple as if regulation 86B having taken into account any reduction in charge, continued to apply to that couple except that in respect of the member of the polygamous marriage who has been a patient for more than 6 weeks, no amount shall be applicable in respect of the couple under paragraph 3(2) of Schedule 3A and for the amount in respect of the allowance for personal expenses prescribed by paragraph 11 of Schedule 3A there shall be substituted the amount of £16·90.

(12) Where any calculation under this Schedule or as a result of a joint-claim jobseeker’s allowance being awarded for a period of less than one complete benefit week results in a fraction of a penny that fraction shall be treated as a penny.

58

After Schedule 5 there shall be inserted the following Schedule—

SCHEDULE 5A (1) (1) In a case to which this paragraph applies, £15; but notwithstanding regulation 88ZA (calculation of income and capital of members of a joint-claim couple), if this paragraph applies to one member of a joint-claim couple it shall not apply to the other member except where, and to the extent that, the earnings of the member which are to be disregarded under this paragraph are less than £15. (2) This paragraph applies where the joint-claim couple’s applicable amount includes, or, but for one member being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of a disability premium under Schedule 1 (applicable amounts). (3) This paragraph applies where— (a) the joint-claim couple’s applicable amount would include— (i) an amount by way of the disability premium under Schedule 1 but for the higher pensioner premium under that Schedule being applicable, or (ii) had a member of that couple not been an in-patient or in accommodation in a residential care home, nursing home or in residential accommodation, the higher pensioner premium under that Schedule and had that been the case, the joint-claim couple would also satisfy the condition in head (i), and (b) either member is under the age of 60 and at least one is engaged in part-time employment. (4) This paragraph applies where— (a) the joint-claim couple’s applicable amount includes, or but for a member being an in-patient or in accommodation in a residential care home or nursing home or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 1; (b) either member has attained the age of 60; (c) immediately before attaining that age either or, as the case may be, both members were engaged in part-time employment and the joint-claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of £15, and (d) either or, as the case may be, both members have continued in part-time employment. (5) For the purposes of this paragraph— (a) except where head (b) or (c) applies, no account shall be taken of any period not exceeding 8 consecutive weeks occurring— (i) on or after the date on which either member attained the age of 60 during which either member was, or both members were, not engaged in part-time employment or either member was, or both members were, not entitled to a jobseeker’s allowance or income support, or (ii) immediately after the date on which either member ceased to participate in arrangements for training provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00093] or arranged under section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00094]; (b) in a case where either or both members have ceased to be entitled to a jobseeker’s allowance or income support because either member becomes engaged in remunerative work, no account shall be taken of any period during which either or both members were not entitled to a jobseeker’s allowance or income support, not exceeding the permitted period, occurring on or after the date on which either member attained the age of 60; (c) no account shall be taken of any period occurring on or after the date on which either member attained the age of 60 during which either or both members were not entitled to a jobseeker’s allowance or income support because either or both members were participating in arrangements for training provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or arranged under section 1(1) of the Employment and Training Act (Northern Ireland) 1950. (2) (1) In a case where paragraph 1 does not apply to a member of a joint-claim couple and subject to sub-paragraph (2), where the joint-claim couple’s applicable amount includes an amount by way of the carer premium under Schedule 1 (applicable amounts), £15 of the earnings of the person who is, or at any time in the preceding 8 weeks was, in receipt of an invalid care allowance or treated in accordance with paragraph 20J(2) of that Schedule as being in receipt of an invalid care allowance. (2) Where the carer premium is awarded in respect of a joint-claim couple, the earnings of each member shall for the purposes of this paragraph be aggregated but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £15 of the aggregated amount. (3) (1) In a case to which neither paragraph 1 nor 2 applies to a member of a joint-claim couple (“the first member”), £15 of earnings derived from one or more employments to which paragraph 9 of Schedule 5 applies but, notwithstanding regulation 88ZA (calculation of income and capital of a joint-claim couple), if this paragraph applies to one member of a joint-claim couple it shall not apply to the other member except to the extent specified in sub-paragraph (2). (2) If the other member is engaged in employment— (a) specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the first member’s earnings disregarded under this paragraph exceed £15; (b) other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £5 as would not in aggregate with the first member’s earnings disregarded under this paragraph exceed £15. (4) Where a member of a joint-claim couple is engaged in one or more employments specified in paragraph 3(1) but his earnings derived from such employments are less than £15 in any week and he is also engaged in any other part-time employment, so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 3 exceed £15. (5) In the case of a member of a joint-claim couple who— (a) has been engaged in employment as— (i) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979[^f00095], or (ii) a person in the army whose service is restricted to part-time service in Northern Ireland pursuant to section 1 of the Army Act 1992, Regulations made under section 2 of the Armed Forces Act 1966, or the terms of his commission, and (b) by reason of that employment, the joint-claim couple have failed to satisfy any of the conditions of entitlement to a joint-claim jobseeker’s allowance, other than the condition in Article 5A(1)(a) of the Order (income not in excess of applicable amount), any earnings from that employment paid in respect of the period in which the joint-claim couple were not entitled to a joint-claim jobseeker’s allowance. (6) (1) In a case where none of paragraphs 1 to 5 apply, £10 but, notwithstanding regulation 88ZA (calculation of income and capital of joint-claim couples), if this paragraph applies to one member of a joint-claim couple, it shall not apply to the other member except where, and to the extent that, the earnings of the member which are to be disregarded under this sub-paragraph are less than £10. (2) In a case to which one or more of paragraphs 1 to 5 apply and the total amount disregarded under those paragraphs is less than £10, so much of the earnings of the member of a joint-claim couple as would not in aggregate with the amount disregarded under paragraphs 1 to 5 exceed £10. (7) In this Schedule, “part-time employment” and “permitted period” shall bear the meanings prescribed respectively in paragraphs 20 and 21 of Schedule 5.

Signed

Sealed with the Official Seal of the Department for Social Development on 17th November 2000.

John O'Neill — Senior Officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland)1996 (“the principal Regulations”) to provide the mechanism whereby certain couples of a description prescribed in new regulation 3A of the principal Regulations (“joint-claim couples”) (inserted by regulation 2(2)) shall only be entitled to a jobseeker’s allowance if they make a claim for it jointly and both members comply with the conditions for entitlement to that benefit. Regulation 2(2) also provides for continuity of claims and awards when a joint-claim couple cease to be, or become, such a couple (new regulations 3B and 3C) and where a joint-claim couple may still be entitled to a jobseeker’s allowance, even though they have not made a joint claim (new regulation 3E). New regulation 3F makes provision for transitional case couples and new regulation 3G provides that information about the joint claim may be supplied to both members of the joint-claim couple.

New regulation 3D of, and Schedule A1 to, the principal Regulations (inserted by regulation 2(2) and (4) and Schedule 1) provide that an award of joint-claim jobseeker’s allowance can be made, even though one member of the couple does not fulfil certain conditions of entitlement and comes within a category prescribed in Schedule A1.

Regulation 2(3) inserts a new Part IXA into the principal Regulations which prescribes circumstances when a joint-claim couple claiming a jobseeker’s allowance jointly are to be considered to be a couple in hardship for the purpose of the principal Regulations and therefore, a reduced rate of jobseeker’s allowance is payable to the couple in circumstances where it would not otherwise be payable.

Regulation 2(5) and Schedule 2 make other amendments to the principal Regulations. In particular, they—

• (a) modify the definition of “partner” for the purposes of the principal Regulations to exclude most members of joint-claim couples (paragraph 1);

• (b) prescribe a reduced amount of jobseeker’s allowance where one member of a joint-claim couple is subject to sanctions (paragraph 31);

• (c) provide methods for determining the applicable amounts of joint-claim couples (paragraphs 34, 47 and 53 to 55 and 57);

• (d) prescribe a special applicable amount for a claimant who is a member of a joint-claim couple who does not make a joint claim in certain circumstances (paragraph 56(b));

• (e) prescribe methods for calculating the income and capital of joint-claim couples (paragraphs 35 to 44 and 58);

• (f) adapt the requirements for attendance of joint-claim couples (paragraphs 2 to 8);

• (g) prescribe special arrangements and applicable amounts where one member of a joint-claim couple is temporarily absent from Northern Ireland on the date of claim (paragraphs 9, 13 and 56(a);

• (h) revise the rules on waiting days (paragraph 10), jobseeking periods (paragraph 11), being in Northern Ireland (paragraph 13), remunerative work (paragraphs 14 to 16), young persons (paragraphs 18 to 24) and on sanctions (paragraphs 25 to 30).

The remaining paragraphs of Schedule 2 make minor consequential amendments.

These Regulations do not impose any charge on business.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: S.I. 1995/2705 (N.I. 15); Articles 3(2C) and (2D), 5A, 10(1A), 15(2A), 19(1A), 22A, 22B, and paragraphs 8A and 9A to 9D of Schedule 1 were inserted, and Article 3(4) and paragraph 10 of Schedule 1 were amended, by Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

[^f00002]: 1992 c. 7; section 167D was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00003]: S.I. 1999/3147 (N.I. 11)

[^f00004]: SeeArticle 8(b) of S.R. 1999 No. 481

[^f00005]: S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 Nos. 356, and 358, S.R. 1997 Nos. 22, 165, 435 and 541, S.R. 1998 Nos. 2, 182, 198 and 326, S.R. 1999 Nos. 391 and 428 and S.R. 2000 No. 9

[^f00006]: 1954 c. 33 (N.I.)

[^f00007]: Regulation 78(4)(a) and (b) was substituted by regulation 8(4)(a) of S.R. 1998 No. 2

[^f00008]: Regulation 6 was amended by S.R. 1988 No. 141, S.R. 1989 No. 398, S.R. 1990 No. 137, S.R. 1992 No. 7 and S.R. 1997 No. 156

[^f00009]: Paragraph 9A was inserted by paragraph 16(4) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00010]: Article 5B was inserted by paragraph 5(2) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00011]: Paragraph 9C was inserted by paragraph 16(4) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00012]: (bSchedule A1 is inserted by regulation 2(4) of these Regulations

[^f00013]: Article 5A was inserted by paragraph 5(2) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00014]: Regulation 48(2) was amended by S.R. 1996 No. 503 and S.R. 1997 No. 541

[^f00015]: Article 3(2B) was inserted by paragraph 3(3) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00016]: 1999 c. 33

[^f00017]: 1992 c. 8

[^f00018]: Article 56 and Schedule 7 comes into operation on 19th March 2001

[^f00019]: Article 22A was inserted by paragraph 14 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00020]: Article 5A was inserted by paragraph 5(2) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00021]: Paragraph 1(e) was inserted by paragraph 13(5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995

[^f00022]: Article 22A was inserted by paragraph 14 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00023]: Regulation 69 was substituted by regulation 2(3) of S.R. 2000 No. 9

[^f00025]: S.R. 1999 No. 162

[^f00026]: Regulation 13 was amended by S.R. 1989 No. 249, S.R. 1991 No. 46 and S.R. 1998

[^f00027]: Regulation 13A was added by regulation 7(1) of S.R. 1992 No. 7

[^f00028]: Part XIIA, including sections 167D and 167E, of the Benefits Act were inserted by Article 8 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00029]: S.R. 1999 No. 351

[^f00030]: S.I. 1986/594 (N.I. 3)

[^f00031]: S.R. 2000 No. 213

[^f00032]: S.I. 2000/1121

[^f00033]: 1962 c. 12

[^f00034]: S.I. 1999/1494

[^f00035]: S.I. 1999/1131 (s. 91)

[^f00036]: Cmnd. 9171

[^f00037]: Cmnd. 3906

[^f00038]: Regulation 3E is inserted by regulation 2(2) of these Regulations

[^f00042]: Regulation 26 (a) was amended by regulation 9 of S.R. 1996 No. 358

[^f00044]: Paragraph 8A was inserted by paragraph 16 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

[^f00045]: Regulation 52(2A) is inserted by paragraph 15(b) of Schedule 2 to these Regulations

[^f00046]: Regulation 55(1) was amended by regulation 17(2) of S.R. 1996 No. 358

[^f00048]: Regulation 67(1) was amended by regulation 13 of S.R. 1996 No. 358

[^f00049]: Regulation 68 was amended by regulation 6(2) and (3) of S.R. 1997 No. 165 and Article 9(9) of S.R. 1999 No. 428 (C. 32)

[^f00050]: Regulation 69 was substituted by regulation 2(3) of S.R. 2000 No. 9 and amended by regulation 2(2) of S.R. 2000 No. 197

[^f00051]: Regulation 70 was amended by regulation 9(3)(d) of S.R. 1999 No. 428 (C. 32)

[^f00052]: Regulation 72(2) was amended by regulation 6(a) of S.R. 1998 No. 198

[^f00055]: Regulation 73(2A) was inserted by regulation 7 of S.R. 1997 No. 541 and regulation 73(2B) was inserted by regulation 7(a) of S.R. 1998 No. 198

[^f00056]: Regulation 74A was inserted by regulation 6 of S.R. 1996 No. 356

[^f00058]: Regulation 75 was substituted by regulation 8 of S.R. 1997 No. 541 and amended by regulation 4(2) of S.R. 1998 No. 182 and regulation 8(a), (b) and (c) of S.R. 1998 No. 198

[^f00060]: Paragraph 20I is inserted by paragraph 53(4) of Schedule 2 to these Regulations

[^f00061]: Regulation 85(4) was amended by regulation 10(3)(a) of S.R. 2000 No. 71

[^f00062]: Article 5B was inserted by paragraph 5(2) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

[^f00063]: Regulation 94(2) was amended by regulation 5(2)(a) of S.R. 1997 No. 22

[^f00064]: Regulation 102C was inserted by regulation 4(4) of S.R. 1998 No. 182

[^f00065]: Paragraph 10 was amended by regulation 2(1)(a) of S.R. 1998 No. 326 and regulation 2(1)(b) of S.R. 1999 No. 391

[^f00066]: Regulation 107 was substituted by regulation 9 of S.R. 1996 No. 356

[^f00067]: Regulation 113 was amended by regulation 3(1)(a) of S.R. 1998 No. 326 and regulation 2(1)(b) of S.R. 1999 No. 391

[^f00071]: S.R. 1979 No. 242

[^f00072]: 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

[^f00073]: 1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

[^f00074]: Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00075]: 1977 c. 49

[^f00076]: 1978 c. 29

[^f00077]: Regulation 41 was amended by regulation 20 of S.R. 1992 No. 7

[^f00078]: Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (NorthernIreland) Order 1994

[^f00079]: S.R. 1979 No. 242; relevant amending Regulations are S.R. 1980 No. 451, S.R. 1983 No. 36 and S.R. 1984 No. 317

[^f00080]: Paragraph 1A was inserted by regulation 5(2) of S.R. 1997 No. 435

[^f00086]: S.I. 1988/1990 (N.I. 23)

[^f00087]: S.R. 1983 No. 61; relevant amending Regulations are S.R. 1986 No. 240

[^f00088]: 1975 c. 15

[^f00089]: Regulation 3E is inserted by regulation 2(2) of these Regulations

[^f00090]: 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N. I. 3))

[^f00091]: 1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

[^f00092]: Regulation 86B is inserted by paragraph 35 of Schedule 2 to these Regulations

[^f00093]: 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

[^f00094]: 1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

[^f00095]: S.I. 1979/591; relevant amending Regulations are S.I. 1990/1975 and S.I. 1994/1553

Editorial notes

[^key-1f6f994d9e43d030048e4dc5872d1c7f]: Reg. 1 in operation at 19.3.2001, see reg. 1(1)

[^key-f67dceefc546f0d849af7e6b7edfaed0]: Reg. 2 in operation at 19.3.2001, see reg. 1(1)

[^key-ba460d1023578c3cb19602c633b54c3f]: Sch. 2 para. 1 in operation at 19.3.2001, see reg. 1(1)

[^key-f6daac9f6c8149b101feb00eed0880ab]: Sch. 2 para. 2 in operation at 19.3.2001, see reg. 1(1)

[^key-a9d9e957b62f9bca2a7d850fd4efc4a9]: Sch. 2 para. 3 in operation at 19.3.2001, see reg. 1(1)

[^key-51b9dbb5d4173f64859795f60f00d6db]: Sch. 2 para. 4 in operation at 19.3.2001, see reg. 1(1)

[^key-4c756df487e25687e8f6137f13e9d823]: Sch. 2 para. 5 in operation at 19.3.2001, see reg. 1(1)

[^key-7692c1d34810319bce0af88a9e22d477]: Sch. 2 para. 9 in operation at 19.3.2001, see reg. 1(1)

[^key-92a3af15eb9425a01815fe8135dbaa13]: Sch. 2 para. 10 in operation at 19.3.2001, see reg. 1(1)

[^key-a5d9069e6b7b1b68a21db8af6dfd0518]: Sch. 2 para. 11 in operation at 19.3.2001, see reg. 1(1)

[^key-8bced4f1d2013531b5c4f23181c2a1ea]: Sch. 2 para. 12 in operation at 19.3.2001, see reg. 1(1)

[^key-979954a1d5de8254ab0ea382ae6788fd]: Sch. 2 para. 13 in operation at 19.3.2001, see reg. 1(1)

[^key-0168a48223d0b83b46e7acce835b8a1d]: Sch. 2 para. 14 in operation at 19.3.2001, see reg. 1(1)

[^key-bae338ac5de1162e14326d11a5aa89af]: Sch. 2 para. 15 in operation at 19.3.2001, see reg. 1(1)

[^key-1b26652b0b94d3be7bc5485aee95f2d3]: Sch. 2 para. 16 in operation at 19.3.2001, see reg. 1(1)

[^key-eb8c611f8324bd638118b38765941f2e]: Sch. 2 para. 17 in operation at 19.3.2001, see reg. 1(1)

[^key-73215320ef7895f2c2fb62270f1693c3]: Sch. 2 para. 18 in operation at 19.3.2001, see reg. 1(1)

[^key-ba619877f5b07c7ad7dff05a8a8ecad8]: Sch. 2 para. 19 in operation at 19.3.2001, see reg. 1(1)

[^key-c22eec1fe2fdc0ab0f938e1f91b230cb]: Sch. 2 para. 20 in operation at 19.3.2001, see reg. 1(1)

[^key-4399c8dd1daae67bef20fa6cb55bde8e]: Sch. 2 para. 21 in operation at 19.3.2001, see reg. 1(1)

[^key-a75fbd28e63a8f4a2c34144dac0bd1be]: Sch. 2 para. 22 in operation at 19.3.2001, see reg. 1(1)

[^key-27af6fef4706442562a746b4728a01f6]: Sch. 2 para. 23 in operation at 19.3.2001, see reg. 1(1)

[^key-61d247a8eee43e383d986c5a24297ae9]: Sch. 2 para. 24 in operation at 19.3.2001, see reg. 1(1)

[^key-9927799832525364c32d2db73b79342f]: Sch. 2 para. 25 in operation at 19.3.2001, see reg. 1(1)

[^key-c464f681efa58043e09f3aed4042cca1]: Sch. 2 para. 26 in operation at 19.3.2001, see reg. 1(1)

[^key-002379b8d9103f77995f6c1d4f126f7a]: Sch. 2 para. 27 in operation at 19.3.2001, see reg. 1(1)

[^key-afed22a5c7cb38eeb66ea876d816fd00]: Sch. 2 para. 28 in operation at 19.3.2001, see reg. 1(1)

[^key-4e1f700b417596d2dcd4060a6143a8cb]: Sch. 2 para. 29 in operation at 19.3.2001, see reg. 1(1)

[^key-11786ec678b54c7cd44c2ab5eab31655]: Sch. 2 para. 30 in operation at 19.3.2001, see reg. 1(1)

[^key-63a31173dc46e30a631b6964104b9dc6]: Sch. 2 para. 31 in operation at 19.3.2001, see reg. 1(1)

[^key-201f132bd08e209d482b1ca0243a53dc]: Sch. 2 para. 32 in operation at 19.3.2001, see reg. 1(1)

[^key-c9c3d685b74280cc04d2de7d81fa1566]: Sch. 2 para. 33 in operation at 19.3.2001, see reg. 1(1)

[^key-35ff771c9166a0400f0e2c99373e47fb]: Sch. 2 para. 34 in operation at 19.3.2001, see reg. 1(1)

[^key-b3b5d10ba51c38f91918c82882852651]: Sch. 2 para. 35 in operation at 19.3.2001, see reg. 1(1)

[^key-66af7ad9e0acb623b565a31114f4df61]: Sch. 2 para. 36 in operation at 19.3.2001, see reg. 1(1)

[^key-616f77973683eef6b2c4b29ec67b76d7]: Sch. 2 para. 37 in operation at 19.3.2001, see reg. 1(1)

[^key-cd87a61ff41a5234430f86831f210b34]: Sch. 2 para. 38 in operation at 19.3.2001, see reg. 1(1)

[^key-09a446e3c84aeb537d019531e5891372]: Sch. 2 para. 39 in operation at 19.3.2001, see reg. 1(1)

[^key-8a614bc361a6eb9b202d2f82def5b44d]: Sch. 2 para. 40 in operation at 19.3.2001, see reg. 1(1)

[^key-d94a15d5a5181867c6bda7f91f5c3e6c]: Sch. 2 para. 41 in operation at 19.3.2001, see reg. 1(1)

[^key-b6a5b89ce72e1bea168520b4ae3c5fd0]: Sch. 2 para. 42 in operation at 19.3.2001, see reg. 1(1)

[^key-f9dff7edfe4eadaeb00bd278fc6ee6db]: Sch. 2 para. 43 in operation at 19.3.2001, see reg. 1(1)

[^key-69b3afbf84efa043af451df9c2e65436]: Sch. 2 para. 44 in operation at 19.3.2001, see reg. 1(1)

[^key-1606c1ce7428a317db72559e5f58c009]: Sch. 2 para. 45 in operation at 19.3.2001, see reg. 1(1)

[^key-8b69791866a6faffd95218730de1ef6b]: Sch. 2 para. 48 in operation at 19.3.2001, see reg. 1(1)

[^key-cabe950a76613432d791eb7f93218d6f]: Sch. 2 para. 49 in operation at 19.3.2001, see reg. 1(1)

[^key-5bdbf29ddee0676e3299cd0440393426]: Sch. 2 para. 50 in operation at 19.3.2001, see reg. 1(1)

[^key-a4213827423b17623c0f9a64a8982b62]: Sch. 2 para. 51 in operation at 19.3.2001, see reg. 1(1)

[^key-30c11dc7b8da599a361bf40ad68fd4c8]: Sch. 2 para. 52 in operation at 19.3.2001, see reg. 1(1)

[^key-5e6a00ea4287ac33d7daa8183ed545b2]: Sch. 2 para. 53 in operation at 19.3.2001, see reg. 1(1)

[^key-3c22d1640bc00acc2e6d5eb5634f9f1d]: Sch. 2 para. 54 in operation at 19.3.2001, see reg. 1(1)

[^key-6b7fb8119c50014b1481c887d8465f14]: Sch. 2 para. 55 in operation at 19.3.2001, see reg. 1(1)

[^key-42d99ee267d395a8f1bb0e267d5c31be]: Sch. 2 para. 56 in operation at 19.3.2001, see reg. 1(1)

[^key-3658a189705eab3c65f7ac6384caec06]: Sch. 2 para. 57 in operation at 19.3.2001, see reg. 1(1)

[^key-49c44b0220fafda13b7020a730c2ed3e]: Sch. 2 para. 58 in operation at 19.3.2001, see reg. 1(1)

[^key-a10563a9c92de56df4824c6deeee5542]: Sch. 1 in operation at 19.3.2001, see reg. 1(1)

[^key-e9f60929ad5035c3a1a56d47a584343a]: Sch. 2 para. 46 revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/6), reg. 1(2), Sch. Pt. 1 (with reg. 2(2)-(4))

[^key-e4ec27b3919b28f2ea783b197549d0c9]: Sch. 2 para. 47 revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/6), reg. 1(2), Sch. Pt. 1

[^key-e80014a6cb933f35839ab89f0111556c]: Sch. 2 para. 54(8)(a) revoked (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/135), reg. 1(1), Sch.

[^key-edc928b7e0cf68dd8268e3c7ce1ad36e]: Sch. 2 para. 4(a), 6, 7, 8 revoked (6.3.2012) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations (Northern Ireland) 2012 (S.R. 2012/44), regs. 1, 4

[^key-8dbfd43926f622d0aa516400e16a2d22]: Sch. 2 para. 3(g) revoked (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/140), regs. 1, 6

[^key-8f7ebbee23a39ecfd39dff9c32837858]: Sch. 2 para. 54(5) revoked (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/44), reg. 1(1), Sch. (with reg. 6)