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

(2) In its application to a joint-claim jobseeker’s allowance payable for a part-week, Article 17(2)(d) of the Order shall have effect subject to the following modification— (d) any payment by way of a joint-claim jobseeker’s allowance for that period or any part of it which apart from this paragraph would be made to the nominated member for the purposes of Article 5B of the Order— (i) shall not be made, if the amount of joint-claim jobseeker’s allowance which would be payable for less than a week is equal to or less than the proportion of the prescribed sum appropriate to the number of days in the part-week; (ii) shall be at a rate equal to the difference between the amount which would be payable for a period of less than a week and the prescribed sum where that amount would be more than the prescribed sum.

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• (1) Schedule 1 (applicable amounts) shall be amended in accordance with paragraphs (2) to (4).

• (2) In paragraph 1, for “and 84(1)” there shall be substituted “, 84(1), 86A and 86B”.

• (3) In paragraph 3(1), for “and 84(1)(d)” there shall be substituted “, 84(1)(d), 86A(b) and 86B(c)”.

• (4) After Part IV there shall be inserted the following Parts—

(20A) Except as provided in paragraph 20B, the weekly premium specified in Part IVB shall, for the purposes of regulations 86A(c) and 86B(d), be applicable to a joint-claim couple where either or both members of a joint-claim couple satisfies the condition specified in paragraphs 20E to 20J in respect of that premium. (20B) Subject to paragraph 20C, where a member of a joint-claim couple satisfies the conditions in respect of more than one premium in this Part, only one premium shall be applicable to the joint-claim couple in respect of that member and, if they are different amounts, the higher or highest amount shall apply. (20C) (1) The severe disability premium to which paragraph 20I applies may be applicable in addition to any other premium which may apply under this Part. (2) The carer premium to which paragraph 20J applies may be applicable in addition to any other premium which may apply under this Part. (20D) (1) Subject to sub-paragraph (2), for the purposes of this Part, once a premium is applicable to a joint-claim couple under this Part, a person shall be treated as being in receipt of any benefit— (a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979⁶⁸ applies, for any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit, and (b) for any period spent by a person in undertaking a course of training or instruction provided or arranged by the Department of Higher and Further Education, Training and Employment under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945⁶⁹ or section 1(1) of the Employment and Training Act (Northern Ireland) 1950⁷⁰ or for any period during which he is in receipt of a training allowance. (2) For the purposes of the carer premium under paragraph 20J, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act. (20E) The condition is that one member of a joint-claim couple has attained the age of 60 but not the age of 75. (20F) (1) The condition is that one member of a joint-claim couple— (a) has attained the age of 60 but not the age of 80, and either the additional conditions specified in paragraph 20H are satisfied in respect of him, or (b) has attained the age of 60 and— (i) was entitled to or was treated as entitled to either income support or an income-based jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age, or (ii) was a member of a joint-claim couple who had been entitled to, or who had been treated as entitled to, a joint-claim jobseeker’s allowance and the disability premium was or, as the case may be, would have been applicable to that couple in respect of a benefit week within 8 weeks of the 60th birthday of either member of that couple and the couple have, subject to that sub-paragraph (2), remained continuously entitled to a joint-claim jobseeker’s allowance since that member attained that age. (2) For the purpose of this paragraph and paragraph 20H— (a) once the higher pensioner premium is applicable to a joint-claim couple, if that member then ceases, for a period of 8 weeks or less, to be entitled or treated as entitled to either income support or income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance, he shall or, as the case may be, that couple shall, on becoming re-entitled to any of those benefits, thereafter be treated as having been continuously entitled thereto; (b) in so far as sub-paragraph (1)(b)(i) or (ii) is concerned, if a member of a joint-claim couple ceases to be entitled or treated as entitled to either income support or an income-based jobseeker’s allowance or that couple cease to be entitled to or treated as entitled to a joint-claim jobseeker’s allowance for a period not exceeding 8 weeks which includes the 60th birthday of either member of that couple, he shall or, as the case may be, the couple shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto. (3) In this paragraph, where a member of a joint-claim couple is a welfare to work beneficiary, sub-paragraphs (1)(b)(i) and (2)(b) shall apply to him as if for “8 weeks” there were substituted “52 weeks”. (20G) The condition is that a member of a joint-claim couple has not attained the age of 60 and satisfies any one of the additional conditions specified in paragraph 20H. (20H) (1) The additional conditions specified in this paragraph are that a member of a joint-claim couple— (a) is in receipt of either disabled person’s tax credit or mobility supplement; (b) is in receipt of severe disablement allowance; (c) is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 43 of the Claims and Payments Regulations (payment of disability living allowance on behalf of a beneficiary; (d) is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act⁷¹ (long term rate of incapacity benefit payable to those who are terminally ill) applies; (e) has been entitled to statutory sick pay, has been incapable of work or has been treated as incapable of work for a continuous period of not less than— (i) 196 days in the case of a member of a joint-claim couple who is terminally ill within the meaning of section 30B(4) of the Benefits Act, or (ii) 364 days in any other case, and for these purposes, any 2 or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period; (f) has an invalid carriage or other vehicle provided to him by the Department of Health, Social Services and Public Safety under Article 30(1) of the 1972 Order or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977⁷² or under section 46 of the National Health Service (Scotland) Act 1978⁷³ or receives payments by way of grant from the Department of Health, Social Services and Public Safety under Article 30(3) of the 1972 Order; (g) is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 41 of the Claims and Payments Regulations⁷⁴ (cases where the mobility component of disability living allowance not payable); (h) was either— (i) in receipt of long term incapacity benefit under section 30A(5)⁷⁵ of the Benefits Act immediately before attaining pensionable age and he is still alive, or (ii) entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act (general provisions as to disqualification and suspension) or otherwise abated as a consequence of either member of the joint-claim couple becoming a patient within the meaning of regulation 85(4) (special cases), and in either case the higher pensioner premium or disability premium had been applicable to the joint-claim couple, or (i) is registered as blind in a register maintained by or on behalf of a Health and Social Services Board established under Article 16 of the 1972 Order. (2) In the case of a member of a joint-claim couple who is a welfare to work beneficiary, the reference in sub-paragraph (1)(e) to a period of 56 days shall be treated as a reference to a period of 52 weeks. (3) For the purposes of sub-paragraph (1)(i), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered. (20I) (1) The condition is that — (a) a member of a joint-claim couple is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (the “qualifying benefit”); (b) the other member is also in receipt of such an allowance, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit; (c) subject to sub-paragraph (3), there is no non-dependant aged 18 or over normally residing with the joint-claim couple or with whom they are normally residing, and (d) either— (i) no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of caring for either member of the couple or all the members of the polygamous marriage, or (ii) a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is entitled to an invalid care allowance under section 70 of the Benefits Act. (2) Where the other member does not satisfy the condition in sub-paragraph (1)(b), and that member is blind or treated as blind within the meaning of paragraph 20H(1)(i) and (2), that member shall be treated for the purposes of sub-paragraph (1) as if he were not a member of the couple. (3) The following persons shall not be regarded as non-dependant for the purposes of sub-paragraph (1)(c)— (a) a person in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act; (b) subject to sub-paragraph (5), a person who joins the joint-claim couple’s household for the first time in order to care for a member of a joint-claim couple and immediately before so joining, that member satisfied the condition in sub-paragraph (1), (c) a person who is blind or treated as blind within the meaning of paragraph 20H(1)(i) and (2). (4) For the purposes of sub-paragraph (1), a member of a joint-claim couple shall be treated— (a) as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt; (b) as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt. (5) Sub-paragraph (3)(b) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the joint-claim couple’s household. (6) For the purposes of sub-paragraph (1)(d), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is made. (20J) (1) Subject to sub-paragraphs (3) and (4), the condition is that either or both members of a joint-claim couple are entitled to and in receipt of an invalid care allowance under section 70 of the Benefits Act. (2) Either or both members, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being entitled to an invalid care allowance where— (a) they would be in receipt of such an allowance but for any provision of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979⁷⁶; (b) the claim for that allowance was made on or after 1st October 1990, and (c) the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act. (3) Where a carer premium is awarded but the member of the joint-claim couple in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of 8 weeks from the date on which— (a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (c) of that sub-paragraph; (b) in any other case, that member ceased to be entitled to an invalid care allowance. (4) Where a member of a joint-claim couple who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for a jobseeker’s allowance jointly with the other member of that couple, the condition for the award of the carer premium shall be treated as satisfied for a period of 8 weeks from the date on which— (a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (c) of that sub-paragraph; (b) in any other case, that member was last entitled to an invalid care allowance. (20K) For the purpose of determining whether a premium is applicable to a joint-claim couple under paragraphs 20H to 20J, any concessionary payment made to compensate a person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit. (20L) For the purposes of this Part, a member of a joint-claim couple shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

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• (1) Schedule 2 (housing costs) shall be amended in accordance with sub-paragraphs (2) to (8).

• (2) In paragraph 1A⁷⁷ (previous entitlement to income support), after sub-paragraph (1) there shall be inserted the following sub-paragraph—

(1A) Where either member of a joint-claim couple was in receipt of or treated as being in receipt of income support not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled and— (a) the applicable amount for income support included an amount in respect of housing costs under paragraph 15 or 16 of Schedule 3 to the Income Support Regulations (loans on residential property and for repairs and improvements to the dwelling occupied as the home), and (b) the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs, the applicable amount in respect of housing costs for joint-claim jobseeker’s allowance shall be the applicable amount in respect of those costs current when entitlement to income support was last determined.

• (3) In paragraph 2(1) (circumstances in which a person is liable to meet housing costs), in both heads (a) and (c), after “or his partner” there shall be inserted “or, where that person is a member of a joint-claim couple, the other member of that couple,”.

• (4) In paragraph 4 (housing costs not met)—

• (a) for “the claimant” wherever those words occur, there shall be substituted “a claimant”;

• (b) in sub-paragraph (2)(c), for head (ii) there shall be substituted the following head—

(ii) who becomes, or whose partner becomes or, where that person is a member of a joint-claim couple, that couple become, entitled to a jobseeker’s allowance after 6th October 1996 and that entitlement is within 26 weeks of an earlier entitlement to income support for the claimant or his partner or, as the case may be, either member of the joint-claim couple.

• (c) in sub-paragraph (4A)⁷⁸—

• (i) for “or his partner”, wherever those words occur, there shall be substituted “, his partner or, where that person is a member of a joint-claim couple, the other member of that couple”;

• (ii) in head (b), for “or in Article 5(1)(a)” there shall be substituted “, 5(1)(a) or 5A(1)(a)”;

• (d) in sub-paragraph (7)(b), after “most favourable to him” there shall be inserted “or, as the case may be, to the joint-claim couple of which he is a member”;

• (e) in sub-paragraph (8)(ii), for “or 84(1)(g)” there shall be substituted “, 84(1)(g), 86A(d) or 86B(e)”.

• (5) In paragraph 6 (existing housing costs) after sub-paragraph (3)⁷⁹ there shall be added the following sub-paragraph—

(4) Where either member of a joint-claim couple ceases to be in receipt of or treated as being in receipt of income support and that couple then become entitled to a joint-claim jobseeker’s allowance in a case to which paragraph 1A(1A) applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned either member of the couple was first entitled to.

• (6) After paragraph 7(2A)⁸⁰ (new housing costs) there shall be inserted the following sub-paragraph—

(2B) Where either member of a joint-claim couple ceases to be in receipt of or treated as being in receipt of income support and that couple then become entitled to a joint-claim jobseeker’s allowance in a case to which paragraph 1A(1A) applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned either member of the couple was first entitled to.

• (7) In paragraph 8(1)(a) (general exclusions from paragraphs 6 and 7), after “or his partner” there shall be inserted “or either member of a joint-claim couple”.

• (8) In paragraph 13 (linking rule)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) after sub-paragraph (1)(d), there shall be inserted the following sub-paragraph—

(dd) where the applicable amount of a member of a joint-claim couple was determined in accordance with paragraph 1(1) (single claimant) or (2) (lone parent) of Schedule 1 (applicable amounts) in respect of a past period, provided that the claim was made within 12 weeks of the joint-claimant becoming a member of the joint-claim couple, the joint-claim couple shall be treated as having been in receipt of a jobseeker’s allowance for the same period as that member of the joint-claim couple had been treated, for the purposes of this Schedule, as having been;

• (c) after sub-paragraph (2) there shall be inserted the following sub-paragraphs—

(2A) Where a joint-claim jobseeker’s allowance is payable to one member of a joint-claim couple in accordance with Article 5B of the Order (joint-claim couples: the nominated member), both members of the couple shall be treated as receiving, or having received, a jobseeker’s allowance for the purpose of this paragraph. (2B) Where both joint-claimants claiming a jobseeker’s allowance in respect of themselves have not been in receipt of a jobseeker’s allowance for a period before they became a joint-claim couple, sub-paragraph (1) shall have effect in respect of that couple in relation to the period which is most favourable to the couple for the purposes of this Schedule.

• (d) in sub-paragraph (3)⁸¹, after “or his partner”, in both places where those words occur, there shall be inserted “or, where a claimant is a member of a joint-claim couple, the other member of that couple”;

• (e) in sub-paragraph (3A)⁸²—

• (i) after “or his partner”, wherever those words occur, there shall be inserted “or, where a claimant is a member of a joint-claim couple, the other member of that couple”;

• (ii) in head (b), for “or Article 5(1)(a)” there shall be substituted “, 5(1)(a) or 5A(1)(a)”.

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After Schedule 3 there shall be inserted the following Schedule—

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 1988⁸³, 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) 1983⁸⁴ 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 1975⁸⁵ 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.

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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)⁸⁶ 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.

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After Schedule 4 there shall be inserted the following Schedule—

SCHEDULE 4A

(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.

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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) 1945⁹⁰ or arranged under section 1(1) of the Employment and Training Act (Northern Ireland) 1950⁹¹; (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 1979⁹², 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